IH 



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LIBRARY OF CONGRESS. 

Shelf.vE_S.i 



UNITED STATES OF AMERICA. 



THE 



Civil GtOvee^me^^t 



OP THE 



UNITED STATES. 



A TEXT-BOOK, 



FOR THE USE OF 



ILL SCHOOLS IN WHICH THE SUBJECT IS TAUGHT, 



AIS'^D A 

^ BOOK OT EEFERENCE. 




EOOHESTEE, N. Y. 

WILLIAMS & KOGERS, PUBLISHERS. 

1889. 



^^-^ 



^^ 



-h 



Entered according- to Act of Congress, in the year 1889, 

By Williams & Rogers, 

In the Office of the Librarian of Congress, at Washington, D. C. 



ANDREWS, PRINTER AND BOOKBINDER 
ROCHESTER, N. Y. 



PRKKACE. 



A new educational work should, in itself, plainly indicate the excuse for its existence. 
Especially is this true of a text-book upon Civil Government, since the subject has been 
already so well treated in the various works now in daily use. 

Probably no one at this time doubts the propriety of giving the study of Civil Govern- 
ment a prominent place in our schools. Some of the pupils in the school rooms to-day 
will, in a few years, be occupying public positions of responsibility and power ; and while 
these may be comparatively few in number, yet in this country every citizen has political 
duties to perform, and should therefore be famihar with the plan and workings of the 
government which imposes them. Hence it remains only a question as to the manner in 
which the subject may be most effectively presented for the purposes of instruction. 

Those who, as teachers, have heard their classes in Civil Government complain that 
the subject was dry and uninteresting, need only consult their own recollections to know 
the justice of such complaints. It certainly is not possible to invest the subject with the 
charms of romance, or give it the thrilling interest of a History of the Crusades or the 
Conquest of Mexico. But it has seemed possible for a text-book upon Civil Government 
to be made so readable that it will invite and hold the attention of the pupil, instead of 
being the passive object of compulsory study. To accomplish this has been the aim in 
the preparation of this work. 

The plan is foreshadowed in the frontispiece. Our government, being representative, 
the popular will controls, through these channels of representation, the intermediate 
political subdivisions, and finally asserts itself in the power of the Federal Government. 
It seems, therefore, that the study of this subject in its natural order should commence 
with the township, and follow the principle of representation to its widest application. 
This method has been pursued. 

It is impossible, within the limits of a work of this kind, to enter into the details of all 
the peculiarities arising under the constitutions and laws of the different States, although 
much attention is given to those branches of the subject. It is presumed, however, in all 
cases, that the teacher ^\dll be familiar with the organization and government of his own 
State and its subdivisions, and these should be considered in connection with the text, 
the resemblances noted, and the differences particalarly pointed out. The lesson reviews 
have been made to indicate that method of instruction. 

One of the chief means employed in this attempt to make a readable book is simplicity 
— simxDhcity both in manner and diction. And this quahty, it is believed, ^\'ill do much 
toward making the work useful in instruction and attractive in study. 



CONTENTS. 



I. INTRODUCTOET. 

1. Government in Generate 7 

2. Forms of Government 10 

n. COLONIAL GOVEENMENT. 

1. The Three Forms of Government 15 

2. Causes of the Eevolution 17 

3. Successive Steps to Union 21 

ni. EEYOLUTIONAEY GOVEENMENT. 

1. Steps to Eevolution 24 

2. deciiaration of independence 25 

3. Origin and Eatification of the Articles of Confederation 25 

IV. GOVEENMENT OF THE CONFEDEEATION. 

1. Nature and Defects of the Articles of Confederation 27 

2. Development and Eatification of the Constitution 29 

V. GOVEENMENT UNDEE THE CONSTITUTION. 

1. Territory of the United States 33 

2. State Governments. 

1. Constitutions and Electors 37 

2. Nominations 42 

3. Elections 48 

4. The Township 52 

5. The County, City, and Village 56 

6. The Legislative Department 60 

7. The Executive Department 68 

8. The Judicial Department 71 

9. Taxation 81 

10. Education 85 

11. Public Institutions 90 

3. National Government. 

1. The Legislative Department. 

1. Congress in General 95 

2. The House of Eepresentatives 97 

3. The Senate 105 

4. Powers and Privileges of the Houses . 110 

5. Mode of Passing Laws 119 

6. Powers Granted to Congress 123 

7. Prohibitions Upon the United States 139 

8. Prohibitions Upon the States 144 



6 Contents. 

2. The Executive Department. 

1. Term of Office and Election of the President and Vice-President 147 

2. Qualifications, Salary and Inauguration of the President and Vice- 

President 153 

3. Executive Powers of the President 157 

4. The Subordinate Executive Departments 162 

3. The Judicial Department. 

1. Federal Courts 174 

2. Jurisdiction of Federal Courts 178 

3. Treason 181 

4. Miscellaneous Provisions. 

1. Kelations of the States 183 

2. Territories 185 

3. Admission of New States 186 

4. Amendment of Constitution 190 

5. National Debts 190 

6. Supremacy of National Law 190 

7. Oath of Office 191 

5. Amendments to the Constitution 191 



Appendix ', 205 

Index 209 



II^I^LJSTRATIONS. 

Frontispiece 

National Capitol 33 

Hall of the United States House of Representatives 97 

United States Senate Chamber 105 

Executive Mansion, Washington, D. C 157 

United States Supreme Court Chamber 175 



Civil Government of the United States. 



KiRST Lesson. 



I. Illustration. AVhen the white men first penetrated the wildernesa 
west of the Hudson Eiver, they found the country peo^^led by warlike savages, 
who apparently gave little heed to the authority of their chiefs. But upon 
fuller acquaintance with them, it was discovered that they were bound together 
in a strong organization, that came to be known as the Great Iroquois League. 
"When first known this league comprised five different branches or nations of the 
Indian race ; but afterward it absorbed a sixth nation, and lience is generally 
referred to as the Six Nations. Each one of these nations was made up of a 
number of tribes, each with its own chief or sachem. There were fifty of these 
sachems, all equal in rank and authority, and they met together in councils to 
regulate the affairs of the League. One council was called a Civil Council, and 
transacted all business growing out of their relations with other tribes ; another 
was called a Mourning Council, and assembled at the death of a chief to install 
his successor ; while a third, or Eeligious Council, had charge of all religious 
observances. These laws and customs were so old that the people themselves 
had no tradition of a time when they did not exist. 

This was government. The League itself was a government. Each nation was 
a government, and so indeed was each tribe. 

These Six Nations bore nearly the same relation to each other, and to the 
League, as do our States to each other and the National Government. It has 
even been suggested that this fact may have given the idea of our government 
to its founders. 

II. Definitions. The word government, in its largest use, means the exer- 
cise of authority. We shall use it, however, in its political sense only, as the 
organized power by which a state or nation is ruled. 

The word civil is derived from the Latin word civis, meaning citizen ; hence, 
civil government is the power that regulates the rights and duties of citizens 
toward each other and toward the government itself. 

The political lody and lody politic are terms applied to the whole body of 
people united under one government. 



8 Government in General. 

III. Origin of Government. The gods of the ancients represented their 
ideas of supreme authority. The idols of the heathen possess for them the 
highest administering power. And the people of many nations worship one 
Supreme Being, who is Tested with absolute control. The chief quality ascribed 
to all these objects of worship is government. It is impossible to imagine a. 
state of existence earlier than the Infinite Euler. It is impossible, therefore, to 
antedate divine government. But who first thought of human government ? 
How did the body politic originate ? are questions which naturally arise in the 
study of government. Monarchs were not born monarchs, but were crowned- 
Presidents were not born presidents, but were elected. All men alike come into- 
the world helpless and possessed of no authority. Who, then, first gave to any- 
one the right to rule over his fellow men ? Different men have answered this, 
question by advancing different theories, viz. : 

1. The Theory of Diyine Right — that Grod directly authorized govern- 
ment, by giving to the head of the family, not only the authority of the father 
over his own children, but also the power of a religious teacher and civil ruler 
over all of his descendants. 

2. The Theory of Force — that government simply had its origin in the 
natural tendency of the strong to control the weak. 

3. The Theory of Sociability — that men's social natures fitted them to 
live in communities, and they soon discovered that there would be endless strife 
and confusion, unless there existed a supreme power to regulate their intercourse 
with each other. 

IT. Necessity of Government. Man is a social being ; his desire is to 
dwell in communities ; and few races have ever existed so low in the scale of 
humanity that they cannot be said to have thus lived. But man is also selfish 
by nature ; the vicious and depraved are found in every community ; and were it- 
not for the iron hand of the law to hold them in check, no man would be safe 
either in person or property. The strong would opjDress the weak ; right and 
justice would yield to might and cunning ; and crime could receive no punish- 
ment except through personal revenge. 

There must, therefore, be laws to regulate the relations between man and his 
fellow-men ; and there must be a power strong enough to make, execute and 
enforce these laws. This power is 



T. Object of GtOYERNMENT. The highest object of all government is the 
administration of justice. All political unions have for their foundation the 
principle which recognizes man's equal natural rights, and aims at their protec- 
tion. These natural rights are life and liberty, together with their necessary- 
conditions ; and protection of them means not only individual welfare, but the 
existence and prosperity of the government itself. 

No government has ever yet fully reached this object, or has ever been wholly 
true to the principle upon which it was founded. But on the other hand, evil 
never yet gained entire control over any community. The natural condition of 



Departments of Government. 9 

all goYernment is a struggle between right and wrong; and that government 
which educates its people into a thorough understanding of its principles and 
workings is the one in which right and justice will prevail, and the greatest good 
be brought to the greatest number. Ignorance is both a friend and a servant to 
unjust government, while intelligence is only satisfied with the administration 
of justice. 

TI. Departments of Government. The entire work of governm^t is 

accomplished through the exercise of three powers : 

1. Legislative, or law-making. 

2. Executive, or law-enforcing. 

3. Judicial, or law-mterpreting. 

These three powers may all be exercised by one individual or body of individ- 
uals, or they may be distributed among different ones, thus forming the several 
departments of government. Experience has shown that no one person or body 
of persons can make, execute and interpret tlie laws of a people, without sinking 
the government into tyranny and misrule. It follows, then, that the distribution 
of these powers marks a high point in the course of political advancement ; and 
in fact, wherever this division has been carried out, there the greatest measure 
of liberty and prosperity has existed. However, human ingenuity has thus far 
never been able to wholly separate the exercise of these powers ; and it is gen- 
erally believed that a free government requires a sufficient intermingling of the 
departments for each to act as a check on .the others, without ever being a hin- 
drance to the exercise of lawful powers. 



Lksson Revik^^. 



1. Give an illustration of government. 

2. What examples of government were 
there in the Great Iroquois League ? 

3. To what government did that of the 
Six Nations bear a resemblance ? 

4. Define government, and state the 
sense in which it is used in this work ? 

5. Define civil government. 

6. What terms are apphed to the whole 
body of people united under one govern- 
ment? 

7. What is said of divine government ? 

8. What questions arise in regard to 
huTnan government ? 

9. What is the first theory in regard to 
the origin of government ? 

10. What is the second theory ? 

11. What is the third theory ? 

12. Why is government necessary ? 



13. What is the highest object of gov- 
ernment ? 

14. What is the foundation of aU poKt- 
ical unions? 

15. What is the natural condition of alL 
government ? 

16. What condition is necessary to the 
best government ? 

17. Name the powers of government. 

18. How may these be exercised ? 

19. How are the departments of govern- 
ment formed ? 

20. What has experience shown in regard 
to one person or body of persons exercis- 
ing these powers ? 

21. What is said of their distribution? 

22. What is said in regard to the separa- 
tion and intermingling of these powers ? 



10 Forms of Government. 



Second Lesson 



KORIVI© OF GOVERNIVIEKX. 

I. Classification. With few exceptions, political writers have agreed in 
placing all forms of government unaer three general classes, viz. : 

1. Monarchy, or government by one individual. 

2. Aristocracy, or government by a few select individuals. 

3. Democracy, or government by the people. 

Aside from those governments which are purely monarchial, aristocratic or 
democratic, many varieties of government have existed ; some of them combi- 
nations of two, or even all, these classes, others modifications of one or more 
of them. But all are capable of being reduced to these three classes, according 
to the leading feature of each. 

II. Monarchy (from the Greek words monos, alone, and arclio, to govern). 

Definitioi^". — A monarchy is that form of government in which one person 
exercises the supreme authority of the land. He is sole ruler of the people. 
His title in general is monarch, though in different countries he is called king, 
prince, sultan, czar, khan, amir, or other title significant of his position, as sole 
ruler. 

Kinds of Monarchies. 

1. Absolute Monarchy. — Monarchies are ahsolute or limited, according to 
the extent of power vested in the ruler. An ahsolute monarchy is one in which 
the ruler has unlimited power. There is no person, law or constitution to 
restrain him. He makes and enforces the laws according to his own personal 
wishes. The property, liberty and life of every subject are at his disposal, while 
he himself is accountable to no earthly authority. But although there is no 
legal power to limit his acts, the fear of personal violence and of revolution in 
many cases holds in check his lawless desires, and to a certain extent protects 
the rights of the people. Eussia and Turkey are examples of absolute mon- 
archies. 

2. Despotism. — The word despot originally meant the ruler of any absolute 
monarchy ; but it has come to be applied to such a ruler only when he exer- 
cises his authority in a cruel manner, without regard to the laws of justice or 
humanity. An absolute monarchy thus governed is called an ahsolute des- 
potism; and few indeed are the absolute monarchies that do not sooner or later 
degenerate into this form. China, Persia, Morocco, Abyssinia, and many other 
Oriental governments, are absolute despotisms. 



Aristocracy. 11 

3. Limited Monarchy. — In a limited monarchy, tlie power of the cliief ruler 
is limited by law or law-making bodies. The monarch himself does not make 
the laws ; he is the executiye who enforces them after they are enacted by the 
law-making body of the government. In order to make these laws valid, his 
assent is necessary, but it is almost never withheld. He is himself as amenable 
to the laws of the country as is his meanest subject. 

By far the greater proportion of the important monarchies of the present age 
are limited. Great Britain, the German Empire, Spain, Italy, Japan and Brazil 
are prominent among them. 

4. Hereditary Monarchy. — With reference to the source whence comes 
the monarch's title to his throne, monarchies are hereditary or elective. A 
hereditary monarchy is one in which the title and office descend from the mon- 
arch to his successor by right of birth. The eldest son almost universally suc- 
ceeds the father, to the exclusion of all elder sisters. The people themselves 
have no choice as to who shall be their ruler. Most of the monarchies of the 
world have been hereditary. 

5. Elective Monarchy. — A monarchy is elective when its monarch is 
chosen for life by the j^eople or their representatives. The few such monarchies 
which have existed were disturbed by continual feud and contention. 

6. Patriarcliy (from j^a^er, father, and archo, to govern). — This is the oldest 
known form of human government, and the only form which existed before the 
flood, and until several centuries thereafter. It is the government of the father 
over his family and descendants, and includes princely as well as paternal author- 
ity. The patriarch has absolute power over his descendants, their flocks and 
herds and houses, their liberty and lives. This form of government has only 
existed where the people lived in families or tribes, independent of other families 
and tribes. Abraham, Isaac and Jacob were patriarch ial rulers. It is still in 
existence among some of the Oriental and African tribes, and even among 
the North American Indians. 

7. Theocracy ( from theos, God, and krateo, to govern ). — Literally, a govern- 
ment by the Supreme Being. It is monarchical in form, and God is held to be 
the sole ruler administering the affairs of the nation. The laws of the land are 
divine commands, given directly by Him. The members of the priesthood act 
as agents of the Invisible Euler, interpreting His will to the people. 

The most famous theocracy of history is that established by Moses over the 
Israelites, and by which they were governed for several centuries. 

III. Aristocracy (from aristos, best, and krateo, to govern). 

The word aristocracy, as its derivation implies, originally meant government 
by the best or noblest. In an aristocracy, the supreme power is vested in a 
select body of men, privileged on account of rank and wealth. They either 
inherit the office or are appointed to ft. Aristocratic governments are usually 
short lived. A number of men holding equally the supreme power in their 
hands grow jealous of one another, and fearful lest some one of them obtain 



12 Forms of Government. 

the controlling influence. This naturally results in the overthrow of such a 
government. 

The several republics of Greece were at the outset aristocratic governments. 
Venice and Genoa were also at one time aristocracies, the former having been 
the most prosperous and long-lived government of its kind known to history. 

The term aristocracy is also applied to the nobility of monarchial govern- 
ments, the titled class above the common people ; for example, the dukes, mar- 
quises, earls, viscounts and barons of England. 

IT. DEMOCRACY (from demos, the people, and Icrateo, to govern). 

Definition". — A democracy is a government administered by the people them- 
selves. They hold the supreme authority in their own hands, and exercise it 
directly. 

Kinds op Democracies. 

1. Pure or Absolute Democracy. — In a ^.rz^re democracy, all the people, 
that is, all the qualified voters, meet together in one body to make and execute 
the laws. It is evident that this theory of government is the only true one. The 
people who own the property of a country, by whose labor the government is 
supported, and who themselves constitute the nation, surely possess the right of 
making the laws which affect only themselves, their families and their property. 
But it will also readily be seen that in practice this method of government is 
only possible for nations small in population and territory. The people of a 
large and populous country can in no way meet together whenever a measure of 
government is to be acted upon. Still further, this method is not practicable, 
on account of the hasty and thoughtless manner in which large companies are 
accustomed to act. 

Some of the divisions of ancient Greece tried this kind of government, but it 
proved a failure with all of them. A few very small Swiss Cantons are still 
governed after this manner. 

2. Representatiye Democracy or Republic. — There is one way, however, 
in which great nations govern themselves according to democratic principles, and 
still avoid the disadvantages of a pure democracy. It is by representation. The 
people choose representatives at stated times, to act as agents for them in mak- 
ing and executing their laws. These representatives must carry out the wishes 
of the people they represent, or give place to others who are willing to execute 
the popular will ; so that the laws of the country are in reality as much the laws 
of the people as though made directly by them. Eepresentatives who must thus 
render account of their conduct to others act with much more discretion than 
they would in the assemblies of a pure democracy, where they are resi^onsible to 
none but themselves. Eepresentative bodies are also small, as compared with 
the whole body of people, and can therefore more thoroughly discuss all ques- 
tions coming before them, and give more careful decisions. 

A representative democracy is always called a repuhlic; and a study of the 
history of different nations proves the United States to have more nearly 



Our Government.. 



13 



approached a perfect government than any other nation. More than twenty of 
the principal nations of the world are to-day republics. France and Switzer- 
land are goyerned after this manner. With very few exceptions, the countries 
of North and South America are republics ; and this form of government stead- 
ily gains in popularity as the people of the world advance in civilization and 
education. 

y. Our GOYERNMENT. Most of the governments of the world have been 
the result of accident ; ours is the result of forethought and design. It was 
founded by men who had grown wise through the experience of years of tyranny 
and war, and whose only aim was to secure to the people the largest measure 
of liberty and happiness. 

The government of the United States of America is republican — the most 
thoroughly representative democracy in existence. Not only the Nation, but 
each State of the Union, is a republic ; so that the people of the States are 
everywhere under two governments, that of a republic within a republic. 
These two governments in no wise conflict, for the National Government has 
supreme authority over all matters which concern the people of the Nation as a 
whole, and which are embodied in the written set of laws called our National 
Constitution ; while in all other matters the States have supreme power, and 
the National Government cannot interfere with them. Thus it will be seen that 
the two governments are entirely independent of each other when each is acting 
in its own proper sphere. But any law made by any State in opposition to the 
laws of the Nation is void ; and whenever there is a question of supremacy 
between the two relative to the affairs of the general government, the States 
must yield to the Nation. 

This method of government has so Avell realized the object of its founders, 
that we, the people of to-day, governed according to this system, which they 
prescribed more than a hundred years ago, count ourselves the freest, happiest 
and most prosperous people on the earth ; while the poor and oppressed from 
many other nations flock to our shores, in search of that liberty and protection 
of rights which can nowhere else be found. 



Lksson Revib^st. 



1. How have political writers classified 
the forms of goveriiment ? 

2. How are all varieties of government 
reduced to these classes ? 

3. Give derivation of the word mon- 
archy. 

4. Define monarchy. 

5. What is said concerning the title of 
the ruler of a monarchy? 

7. How are monarchies classified accord- 
ing to the power of the ruler ? 



8. Describe an absolute monarchy. 

9. Give examples. 

10. Define despot. 

11. What is an absolute despotism? 

12. What is the tendency of all absolute 
monarchies ? 

13. Give examples of an absolute des- 
potism. 

14. Define a limited monarchy. 

15. What is the power of the monarch 
concerning the laws ? 



u. 



Forms of Government. 



16. How does the number of limited 
monarchies compare with that of absolute 
monarchies ? 

17. Name the most prominent limited 
monarchies which now exist. 

18. Why do not limited monarchies be- 
come despotisms ? 

19. How are monarchies further class- 
ified? 

20. What is a hereditary monarchy, 
and how many have existed ? 

21. Define an elective monarchy . 

22. "What has been the character of elec- 
tive monarchies ? 

23. Give derivation of patriarchy. 

24. What can you say of the age of this 
form of government ? 

25. Describe a patriarchy. 

26. Under what conditions of Hfe has 
this form existed ? 

27. Name some prominent patriarchial 
rulers. 

28. Where does this government still 
exist? 

29. Give derivation and descrii^tion of 
theocracy. 

30. Give example. 



31. What is the derivation of aristoc- 
racy? 

32. Explain aristocratic government. 

33. What other application is made of 
the word aristocracy? 

34. Give derivation and definition of 
democracy. 

35. Name the kinds of democracies. 

36. Describe a pure at-mocracy. 

37. Wliat is said of the theory of this 
kind of government? 

38. Of its practice ? 

39. Give examples of a pure democracy. 

40. What is a republic f 

41. Describe its government. 

42. Name its advantages over a pure 
democracy, 

43. Give examples of republican govern- 
ment. 

44. What is said of its popularity ? 

45. How was oui- government founded ? 

46. What is the nature of our govern- 
ment? 

47. What is said of the State and the 
National Government? 

48. Wliat is the result of this method of 
government ? 



The Three Forms of Government. 15 



COLOI^IAL GOTER]^MEI^T. 



T^HiRD Lesson. 



XHB XHRKK KORIVLS OK GOVKRNMLKNT. 

I. Settlement of America. The early explorers of America, upon 
returning to their homes in Europe, told marvelous stories of the wealth of 
the newly-discovered world. Some of them reported the existence of rivers 
whose sands sparkled with gold and precious stones ; others said they had heard 
of regions where the mountains were filled with diamonds and mines of silver 
and gold ; and still others reported that the natives along the coast had told 
them of countries inland, whose people wore ornaments of gold and silver so 
heavy that their weight could scarcely be borne. They also told of fertile 
lands, of fur-bearing animals, of valuable timber, and various other sources of 
wealth. These stories aroused the greed of the rulers of Europe, and made 
each one eager to possess all the territory possible in America, and at the same 
time prevent tlie other nations from gaining possessions there. In consequence 
there was constant contention among them over their claims in the New World. 

Great Britain, France and Spain gained the strongest footholds, while Hol- 
land acquired some im^Dortant sections. The possessions of the French com- 
prised the basins of the Mississippi and St. Lawrence Rivers ; Spain claimed 
Florida and the country lying to the westward ; and the Dutch at different 
times held New York, New Jersey and Delaware. English colonies were estab- 
lished all along the Atlantic coast, from Nova Scotia to Florida, which, though 
feeble at first, grew to be strong and flourishing. In course of time England 
acquired all the possessions of the Dutch, and engaged in a war with France over 
the same question of territory. This was the bloody ^^ French and Indian 
War," and was waged between England and her American colonies on the one 
side, and France and her American colonies, aided largely by friendly Indians, 
on the other. In this war England was victorious and drove the French com- 
pletely from their possessions in America. At the same time Florida was ceded 
to England by Spain, and thus Great Britain came into control of Canada and 
the whole region of country lying between the Mississippi and the Atlantic. 

II. Government OF Colonies. When an uninhabited country, or a coun- 
try occupied by savages, is colonized by civilized people, these colonists carry 
with them the laws of the land whence they come, and remain subject to its 
government. True to this doctrine, the English colonies in America, as also 
those conquered by England, remained for many years subject to the govern- 
ment of Great Britain. But as they were so far removed from the mother 
country, a local government was also necessary. This, as a matter of course 



16 Colonial Government. 

was modeled after the government of England ; but it differed greatly in the 
different colonies. There were three distinct forms, viz. : Provincial or Royal, 
Proprietary and Charter. 

1. Provincial or Royal Goyernment. — The Provincial Government was 
under the direct control of the sovereign of Great Britain. A governor was 
appointed by him, who acted merely as his representative, obeying all the royal 
commands. 

A council, consisting of a small number of men, was also appointed by the king 
to assist the governor in performing his duties. This council constituted the 
upper house of a legislature, whose lower house was composed of representatives 
elected by the freeholders or planters of the colony. This legislature could 
make local laws for the colony, provided they did not conflict with any of the 
laws of Great Britain ; but they must first be approved by the governor, and 
then sent to England and approved by the king, before becoming valid. 

The judges, magistrates, and all other officials who had part in executing and 
enforcing the laws, were appointed by the governor, subject to the approval of 
the king. 

At the commencement of the American Revolution, the colonies of New York, 
New Hampshire, Virginia, New Jersey, North Carolina, South Carolina and 
Georgia had Provincial Governments. 

2. Proprietary GoTernment.— Under the Proprietary Government, the 
king, instead of directly exercising the controlling power, gave it, together with 
a title to the soil, into the hands of certain persons, who thus became owners or 
proprietaries. These proprietaries were thus invested with kingly power. They 
appointed the governors and other officials and organized the legislatures, while 
the people themselves held about the same political rights as under the Provin- 
cial Governments. 

At the time of the Revolution three of the thirteen colonies were under Pro. 
prietary Government. Pennsylvania and Delaware were held by William Penn 
as proprietary, and Maryland by Lord Baltimore. 

3. Charter Goyernment. — Under the Charter Government the people 
enjoyed more political privileges than under either of the other forms. It was 
founded upon democratic principles and resembled our State governments. 
The land, and the right to govern themselves, were granted to the people of the 
colony by a charter from the English crown. This charter divided the govern- 
ment into the three departments, legislative, executive and judicial, naming the 
powers of each, and setting forth the rights and privileges of the people. The 
members of the legislature and the governor were elected by the people, while 
the other officers were elected likewise or appointed by the proper colonial 
authorities. 

Massachusetts, Rhode Island and Connecticut had Charter Governments at 
the time of the Revolution, and the charters of Connecticut and Rhode Island 
proved so satisfactory that these States carried on their governments under them 
for many years after becoming States of the Union. 



Causes of the Revolution, 



17 



4. Supremacy of English Government. — It will readily be seen that 
Tinder these forms of colonial government the people enjoyed many political 
privileges, and appeared to hold much of the supreme power. It was an appear- 
ance only. The government of Great Britain retained, in fact, the absolute 
control of every colony. It claimed the power of annulling any law passed by 
the colonial legislatures ; it claimed the right of changing the form of govern- 
ment of any colony at any time ; and it claimed the privilege of enforcing in 
the colonies all the laws passed by the English Parliament. 

By exercising this authority in a tyrannical manner for many years, England 
caused her American colonies to rise up in rebellion against her, to proclaim 
their independence, and to establish it by the War of the Eevolution. 



Lbssok RBVIK\Sr. 



1. What were the stories told by the 
■early explorers of America? 

2. What was their effect in EuxoiDe ? 

3. What countries gained the strongest 
footholds in America? 

4. "What were the American possessions 
of France, Spain and Holland ? 

5. What is said of the Enghsh colonies ? 

6. Whose possessions did England lirst 
acquire ? 

7. What was the "French and Indian 
War?" 

8. How did it result ? 

9. How did England gain possession of 
Florida ? 

10. What was then the whole extent of 
American territory controlled by Great 
Britain ? 

11. How were the American colonies 
first governed? 



12. What were the forms of colonial gov- 
ernment ? 

13. Describe Provincial or Royal Gov- 
ernment. 

14. WTiat colonies had this form of gov- 
ernment ? 

15. Describe Proprietary Oovernment. 

16. What colonies were thus governed, 
and who were the proprietaries ? 

17. What was the nature of the Charter 
Government f 

18. What colonies were under this form, 
of government ? 

19. What States used their charters as 
State Constitutions? 

20. What is said of the sujDremacy of the 
EngHsh Government ? 

21. What was the result of England's 
tyranny ? 



KouRTH Lesson, 



CAUSES OE THK REVOLUTION. 



I. Remote Causes. 

1. Influence of France. — After her defeat in America by the English, 
France sympathized strongly with the enemies of England, and both encouraged 
and aided the colonists in opposing British rule. 
2 



18 Colonial Government, 

2. Character of Colonists.' — The rulers of Europe, together with their 
titled and wealthy subjects, sought only to gain greater wealth and glory from 
the resources of the New World. But most of the people who came to colonize 
this wild country, came with far different motives. They were fleeing from the 
tyranny of home governments and seeking for liberty and happiness. They 
were stern and hardy in character, and filled with such hatred of all forms of 
tyranny, that they chose the hardships and dangers of a wilderness inhabited by 
savages, rather than longer live under cruel laws and law-makers. The first gen- 
eration of settlers passed away, but not the hatred of tyranny. That descended 
from father to son, and was constantly increased by the new arrivals from the 
Old World. 

3. Growth of Public Opinion. — After the Mayflower anchored in Cape 
Ood Bay, the people on board signed a written compact, by which they agreed to 
unite in making laws and governing themselves according to the needs of their 
colony. This compact contained all the principles of self-government ; and 
from this time on there was an almost continual struggle between the colonists 
and the royal authority, growing out of the attempts of the former to uphold 
these principles and the efforts of the latter to crush them. Thus, from the 
first, public opinion steadily advanced in the direction of independence. 

4. Character of George III. — This monarch of Great Britain, during 
whose reign occurred the Revolution, was despotic in character, and unwilling 
to respect those rights and privileges to which the colonists, as British subjects, 
were entitled. 

II. Immediate Causes. 

1. Navigation Acts. — In 1651 the English government passed an Act 
requiring all the commerce of the colonies with England to be carried on by 
means of English ships. Afterward another Act was passed, providing that 
merchandise imported into the colonies from any country whatever should be 
brought in English vessels; while later on another measure declared that all 
foreign goods must be shipped to the colonies from British ports only. Thus 
were the harbors of the colonies closed against all foreign vessels. 

Certain articles which no country but America produced in quantities, and 
which did not therefore compete with English productions, were required to be 
shipped to English ports only ; but such other commodities as England would 
not take the colonists might send to foreign markets. In the course of time 
other measures of similar nature were enacted, until American commerce was 
nearly destroyed and England had the monopoly of colonial trade. But what 
the American subject lost the British merchant gained, and England's aim was 
accomplished. 

2. Laws in Restraint of American Manufactures. — Parliament enacted 
laws forbidding the exportation of yarn and woolen manufactures from the col- 
onies to any place whatever, in order to keep the markets open for English goods. 
Hats could be manufactured in but small quantities by the colonists, and only 



Causes of the Revolution. 19 

for home use. No iron works could be erected or steel manufactured, but all 
such goods must be purchased of England. 

3. Importation Act. — Heavy duties were imposed upon all rum, sugar and 
molasses imported into the colonies from foreign ports, in order to compel their 
purchase of British merchants. Afterward the Sugar Act added to this list 
coffee, wines and other goods. 

4. Writs of Assistance. — These were general search-warrants, giving the 
ofiQcers of the crown power to break open and search vessels, stores, private 
houses or any other place, in search of smuggled goods. They also empowered 
the royal officials to compel the assistance of any person in these searches. 

5. Taxation without Representation. — At the close of the French and 
Indian War, England had an empty treasury and a large public debt. She had 
long been jealous of the growing prosperity of the American colonies, and now 
determined to raise a revenue by taxing them, claiming that her debt had been 
incurred through' protecting them. The colonists resisted every attempt to 
carry this out. They considered that they had already borne their full share of 
the burdens of the war, in maintaining their own troops and giving the lives of 
thirty thousand of their young men. And more than this, they were not repre- 
sented in Parliament ; and *' Taxation without representation is tyranny," they 
said. 

6. The Stamp Act. — This was one of the most offensive measures of Par- 
liament to tax the colonies. It provided that all instruments in writing, as 
deeds, bonds, wills and notes, and all printed newspapers, almanacs and pam- 
phlets, should be written or printed on stamped paper purchased of the Englisli 
government. These stamps varied in price from a few cents to a number of 
dollars, and there were fifty-four kinds of documents that must be thus executed. 

7. Mutiny Act. — A Mutiny Act had been in force a long time, providing for 
the punishment of mutiny and desertion, and for the quartering of British 
troops. In 1769 a clause was added declaring that troops in the colonies must 
be quartered and provided for at the expense of the colonists. 

8. Boston Massacre. — The people of Boston were especially decided in 
their opposition to the obnoxious laws of Parliament, and when British troops 
were stationed in the town to overawe them, they became greatly enraged. 
There were several collisions between the soldiers and the people, in one of 
which the troops fired into the crowd, killing and wounding several persons. 
This is known as the Boston Massacre. 

9. The Tax on Tea. — Duties were laid upon paint, paper, lead, glass and 
tea. Again the colonists objected, so vigorously that the English government, 
becoming alarmed, repealed all the taxes except the one of three pence per 
pound on tea, which was left to keep up the right, the king said. But as it 
was the right which the colonists were opposing, this one tax, though in itself 
not burdensome, irritated them as much as the whole had done. They refused 



20 Colonial Government. 

to purchase any tea, and some of the men of Boston, disguised as Indians, one 
night boarded British vessels hiden with tea and threw the cargoes overboard. 

10. Boston Port Bill. — England, as a punishment for this act of destroy- 
ing the tea, closed the port of Boston, and removed the seat of government to 
Salem. 

11. Massachusetts Goyernment Bill. — As a further punishment, a bill 
was passed completely changing the charter government of Massachusetts, by 
taking all the power from the hands of the people and placing it in those of the 
servants of the crown. 

12. Transportation Act. — At the same time another Act was passed, pro- 
viding that in the colony of Massachusetts all persons charged with murder, or 
other capital offense committed in supporting the government, should be sent to 
some other colony or to England for trial. 

13. Quebec Act. — The colonies had for years contributed men and money to 
assist England in overthrowing the Eoman Catholic church and the French laws 
of Canada. The Quebec Act permitted the Canadians to remain under their 
French laws, and restored to them full religious rights. It also added to the 
province the territory north of the Ohio River. In all this the colonists saw 
only a scheme for their overthrow by the English crown. 

14. Misrule of Royal Governors.— These officers of the crown continu- 
ally exasperated the people by their overbearing and tyrannical rule. 



Lksson: Revibw. 



1. Into what two classes are the causes 
of the Eevolution divided ? 

2. Name the remote causes. 

3. TMiat is said of the first of these 
causes ? 

4. Describe the character of the col- 
onists. 

5. "What is said of the growth of public 
oj)imou ? 

6. What was the character of George III ? 

7. Xame the immediate causes. 

8. What were the Navigation Acts ? 

9. What laws were made in restraint of 
American manufactures ? 

10. What was the Im.j)ortation Act ? 



11. Wliat were the Writs of Assistance? 

12. W^hy did England attem^jt to tax the 
colonies ? 

13. Why chd they resist? 

14. What was the Stamp Act ? 

15. What was the Mutiny Act ? 

16. Describe the Boston Massacre. 

17. State events connected with the tax 
on tea. 

18. How were the peoj)le of Boston i^un- 
ished? 

19. WTiat was the Transportation Act? 

20. WTiat was the Quebec Act? 

21. What is said of the royal governors ? 



Successive Steps to Union. 21 

KlFTH LvESSON. 



SUCCKSSIVK STEPS TO UNIOK. 

I. The Enemy to Union. As a general thing, the people of each colony 
came from the same locality in their native land, held the same political, social 
and religious yiews, and were alike in their habits and customs. But the people 
of the different colonies differed widely in these respects. The settlements 
were often far apart, and communication with each other was difficult. Thus 
their opinions and interests grew more and more diverse, and the spirit of 
jealousy, which had always existed among them, increased in strength as they 
grew more independent of each other. This jealousy from the first proved a 
most determined enemy to all attempts at permanent union of the colonies, and 
was only overcome when the pupular fears of outside enemies grew stronger than 
the jealous fears of each other. 

II. Steps to Union. 

1. First Uiiioii^ 1643. — The colonies of Massachusetts, Plymouth, Con- 
necticut and New Haven joined together to resist the encroachments of the 
Dutch and French and protect themselves from the hostilities of the Indians. 
The league thus formed was called the League of the New England Colonies. 
Two commissioners from each colony met in council and managed the affairs of 
the league. This union existed forty-one years and doubtless aided greatly in 
educating the public in the direction of self-government. 

2. Attempted Union, 1754. — It was more than a hundred years after the 
formation of the League of the New England Colonies before any important 
steps were again taken toward union ; and the attempt, when made, was also for 
the purpose of protection against outside enemies. 

The contest between the French and English over their possessions in Amer- 
ica had reached the point of open hostilities. England saw that war was cer- 
tain, and advised her colonies to unite for common defense. A Congress was 
therefore called at Albany, at which seven of the colonies were represented — 
Massachusetts, New Hampshire, Khode Island, Connecticut, New York, Penn- 
sylvania and Maryland. 

This Congress formed a treaty with the Six Nations, and agreed on a plan of 
union. Benjamin Franklin was the author of this plan, which provided that a 
l^residcnt be appointed by the king and a council be elected by the people, and 
that the two acting together should regulate the affairs of the union. But the 
king, fearing it would give the colonists too much strength, rejected it ; while 
the colonists opposed it because it gave too much jjower to the president. It 
was therefore never carried into effect, and its only apparent benefit was the 
further familiarizing of the colonists with the idea of union. 



22 Colonial Govern3ient. 

3. Congress of 1765. — At this time the English government was attempt- 
ing to tax the colonies to pay her war expenses. The people had been growing 
irritated and rebellious, and the passage of the Stamp Act made them furious. 
At the proposal of Massachusetts, a Colonial Congress was called at New York, 
for the purpose of discussing the unjust measures of England. All the colonies 
w^ere represented but Virginia, North Carolina, Greorgia and New Hampshire. 
This Congress prepared a list of the rights and privilegss which they claimed, 
and sent a petition to the king of England, asking him to redress their wrongs. 

4. First Continental Congress, 1774. — But the king and parliament paid 
little heed to the petition of Congress, or to the complaints of the people, who 
continued to grow more and more indignant, and less inclined to obey the unjust 
laws of England. The Boston Massacre, the tax on tea, the Port Bill, the 
Mutiny Act, with the many other oppressive measures, again induced Massa- 
chusetts to recommend the calling of another Congress. This was done, and all 
the colonies but Georgia sent delegates. 

At this Congress, which assembled at Philadelphia, Sept. 5th, 1774, another 
Bill of Eights was declared, of a much more decided nature than the other. 
Articles of Association were drawn up, pledging the colonies to have no further 
commercial intercourse with Great Britain till the obnoxious Acts were repealed. 
Another petition was sent to the king, and addresses to the people of Great 
Britain, to the people of the colonies and to the Canadians concerning the 
troubles with the home government. It was also recommended that another 
Congress be called in May of the next year. 

5. Second Continental Congress, 1775. — The troubles with England had 
continued to grow more serious, and in April, 1775, the first blood of the Eev- 
olution was shed at Lexington, The rebellious spirit of the colonists could no 
longer be controlled, and it was evident to many that nothing but war could 
settle the disputes. 

The Second Continental Congress assembled at Philadelphia, May 10th, 1775. 
There were delegates from all the colonies, most of those sent to the First Con- 
tinental Congress having been returned to the Second. The most prominent 
figure among them was George Washington. He was dressed in the military 
suit of the Virginia troops, a buff and blue uniform. These were the colors of 
the liberal or republican party of England. All at once observed this military 
dress of Washington, and by it read his opinions concerning the future policy of 
the colonies toward Great Britain. 

This Congress constituted the national government of the colonies for fourteen 
years, and during this time accomplished their final union. But its proceedings 
properly come under the head of Eevolutionary Government. 



Successive Steps to Union. 



Lksson Rkvikv^. 



1. What was tlie relation of the colonies 
to each other ? 

2. What prevented their permanent 
union ? 

3. What was the first union of the col- 
onies, and why formed ? 

4. How long did it exist, and what ben- 
efit arose from it ? 

5. How long- before another union was 
attempted ? 

6. Why was an attempt then made ? 

7. What CongTess was called ? 

8. What colonies were there repre- 
sented ? 

9. What work did this Congress accom- 
plish? 



10. How was the plan of union re- 
ceived ? 

11. T\Tiy was the Congress of 1765 
caUed ? 

12. What. colonies were represented, and 
what action did the Congress take ? 

13. When and why was the First Conti- 
nental Congress called ? 

14. What measures were taken there ? 

15. When and why was the Second Con- 
tinental Congress called ? 

16. What is said of George Washing- 
ton ? 

17. How long did this Congress consti- 
tute the government of the colonies ? 



Revol utionar y Go vebnment. 



RETOLUTIOJSTAET GOTEE]SrME]^T. 



Sixth Lesson. 



1. Character of Second Continental Congress. The colonies sent 

some of their ablest men as delegates to this Congress ; Washington was there, 
the acknowledged leader in all movements for the country's welfare. John 
Adams, Roger Sherman, John Jav, Peyton Randolph, Benjamin Franklin, 
Richard Henry Lee and Patrick Henry v/ere delegates, together with many 
others famous for ability and patriotism. It is said that among these delegates 
there was as little of selfish motive and personal ambition, and as much of 
ability and pure devotion to country, as CA^r existed in any assembly of men. 

The character of this Congress at the time of its assembling cannot properly 
be called revolutionary ; its object was not to change the existing form of gov- 
ernment, nor to establish a new one. It had nothing in the shape of law or 
constitution to define its powers. Its proceedings had no legal or binding force, 
and the fact that they were generally sustained was not due to any actual power 
that this Congress possessed, but merely to the sense of common danger felt by 
the inhabitants of the country at large. 

Although all previous appeals to England to cease her oppression had been: 
vain, it was still hoped that this Congress, by taking more decided measures, 
might bring about the desired result. The great mass of the people, as well as 
their leaders, had no thought of separation from the mother country. Thejr 
gloried in being subjects of the powerful kingdom of Great Britain, and believed 
there would soon be a peaceful settlement of all difficulties. But their error was 
quickly made apparent ; they saw there v/as but one way of esca23e from British 
oppression, and that way lay through revolution and separation from England. 

II. Steps to Revolution, l. immediately upon the assembling of the 
Second Continental Congress, a letter from Massachusetts was received by that 
body, telling of the battles of Lexington and Concord, and asking for advice 
and assistance. Congress at once realized that immediate and decided action 
was necessary, or there would never be an end to England's oppression. They 
Yoted to raise an army of twenty thousand men, with Washington as commander- 
in-chief. Although this measure had a strong revolutionary appearance, and in. 
reality did prove to be so, yet, at the time, it was taken with no such intent. It 
was simply a means of protection against certain obnoxious laws and officials. 

2. But this one rebellious act made others of a similar nature unavoidable. 
It was found necessary to create a continental currency, and to establish both a 



Declaration of Independence. 25 

treasury and a post-office department. Attempts were also made to regulate 
commerce. And so, apparently without design, this Congress drifted on toward 
self-government. 

3. What is believed to be the first direct public movement in favor of inde- 
pendence, made by any colonial assembly, was made by North Carolina. Her 
legislature passed a resolution in April, 1776, instructing her delegates in Con- 
gress to unite with the others in declaring for indej)endence. 

4. Shortly after this, the legislature of Ehode Island passed an Act abjuring 
further allegiance to the British crown. 

5. Then, in May, the legislature of Virginia instructed her delegates in the 
Continental Congress to propose declaring the united colonies a free and inde- 
pendent state. Massachusetts and Ehode Island at once instructed their del- 
egates to vote for the measure. Accordingly, Eichard Henry Lee, of Virginia, 
on the 7th of June, 1776, offered in Congress a resolution declaring the colonies 
of right free and independent states. This is said to have been one of the great- 
est questions ever presented to any assembly for discussion ; and to have been 
debated with an ability and eloquence seldom, if ever, equalled. The resolution 
was adopted on the second of the following month. 

III. REVOLUTION: DECLARATION OF INDEPENDENCE. Four days after 
this resolution was offered by Lee, a committee was appointed by Congress to 
draft a declaration of independence. Thomas Jefferson, John Adams, Benja- 
min Franklin, Eoger Sherman and Eobert E. Livingston were the members of 
this committee. They presented a draft to Congress, which was adopted on the 
Fourth of July, 1776, by a unanimous vote. 

There was no longer any question as to the policy of the colonies toward the 
mother country. This meant revolution. 

The Declaration of Independence {p. 205 ) was written by Thomas Jefferson, 
chairman of the committee, and has ever since been considered a work worthy of 
its author's remarkable ability. It opens with a statement of the natural rights 
of man, and affirms that the object of government is the protection of those 
rights. It asserts that a failure to accomplish this object justifies the overthrow 
of a government. A list of the tyrannical measures of George III toward the 
American colonies follows, together with an enumeration of the oft-repeated and 
vain attempts of the colonies at redress. Then the colonies are declared free 
and independent states, with power to administer their own government. The 
closing paragraph contains an acknowledgment of trust in Divine Providence, 
and a pledge to each other of life, property, and honor in defending this declar- 
ation of their independence. 

By this Act of Congress, the thirteen colonies became thirteen independent 
States; and Congress, consisting of but one legislative body, with no executive 
or judiciary, became the general government of the United States of America. 

IT. Origin of Articles of Confederation. As soon as it became 

certain that independence would be declared, Congress proceeded to lay plans 
for the union of the colonies under a permanent central government. It was 



m 



Re vol utionar y Go vernment. 



evident that tliere would be a fierce struggle with England, and their only hope 
of success lay in united action. This would necessitate a power that could con- 
trol the general affairs of the whole people. Congress, although haying made 
use of this power, did not possess it. Therefore, on the same day that a com- 
mittee was appointed to draft the Declaration of Independence, another com- 
mittee was chosen by Congress to prepare a plan for the union of the States 
under a central government. After being debated and amended at various 
times, the report of this committee was adopted by Congress, November 15th, 
1777, under the name of the Articles of Confederation. 

Y. Ratification of Articles of Confederation. These articles 

were not to go into effect until ratified by all of the thirteen States. 

It seems as if at this time, with the country distracted by the war w^ith Eng- 
land, the colonies would have put aside their jealousy of each other and been 
eager to form a strong and lasting union. But their sad experience with the 
hoDie government had made them fearful of again losing their independent 
rights in a central government ; and their jealousy and rivalry could not be 
overcome except by many years of war. But they all desired independence, and 
because they could only obtain it by united efforts, they supported the action 
of Congress sufficiently to enable it to carry on the War of Independence to a 
successful close. 

On the first of March, 1781, nearly five years after the adoption of the Arti- 
€les of Confederation by Congress, Maryland, the last of the States to yield, 
ratified them, and they then went into effect. 



Lksson Rkvik^nt. 



1. What class of men were sent as del- 
egates to the Second Continental Congress? 

2. What was the character of this Con- 
fess at the time of assembling ? 

3. What was the aim of this Congress ? 

4. How did the 23eople in general feel ? 

5. What was the way of escape from 
England's tyranny? 

6. What letter was sent to Congress ? 

7. What action did Congress then take ? 

8. With what intent was this done ? 

9. What other measures of Congress 
followed? 

10. What was the first direct j)ubhc 
movement in favor of indejiendence ? 

11. What measure similar in nature fol- 
lowed ? 

12. What move did Virginia make ? 

13. What resolution was offered by Lee, 
and when ? 



14. What is said of this question ? 

15. What committee was appointed four 
days after ? 

16. What did it accomplish ? 

17. Who wrote the Declaration of Inde- 
pendence ? 

18. State its contents. 

19. What was the effect of this Act of 
Congress ? 

20. What plans did Congress next pro- 
ceed to lay ? 

21. For what purpose was another com- 
mittee chosen? 

22. What did it accomplish ? 

23. When were the Articles of Confed- 
eration to take effect ? 

24. Why did not the States at once rat- 
ify? 

25. Why did they support Congress? 

26. When did the Articles take effect? 



Nature of Confederation. 21 



GOVERi^MElSTT OF THE COT^FEDEEATIOl^. 



Seventh Lesson. 



XHK ARTICLKS OK COXKHDERA^TIOX. 

I. Nature of Confederation. The Articles of CoDfederation united 
the States in a league of friendship, mainly for the purpose of defense. By 
them the States were bound to assist each other against all outside attacks. 
But the union thus formed did not constitute a nation ; it had more of the 
nature of a partnership of States, with the central government acting as agent. 
Each State expressly retained its sovereignty, freedom, and independence, thus 
withholding from the central government the supreme power, without which 
there could be no national government. 

The following are some of the leading features of the Articles of Ccnfedera- 
tion : 

1. The government was vested in a single legislative body, a Congress, con- 
sisting of but one house. 

2. Each State was represented by the same number of delegates, not less than 
two nor more than seven, and had but one vote. 

3. The assent of nine States was necessary in all important matters, and the 
assent of all for any change in the Articles of Confederation. 

4. All military and other governmental expenses w^ere paid from a common 
treasury, which was supplied by the several States in proportion to their prop- 
erty. 

5. Congress could send and receive ambassadors, coin and borrow money, 
establish post-offices, commission United States officers, and had the final set- 
tlement of State disputes over title to the soil. 

6. Congress could appoint a committee, consisting of one delegate from each 
State, to act during a recess of that body. 

II. Change of GtOYERNMENT. The same old Continental Congress con- 
tinued to administer the government under its new form; but it had now 
changed from a revolutionary body to a legal assembly. Its powers were defined 
by a code of written laws, which the people of the colonies had approved. But, 
in reality, the government underwent very little change. The Eevolutionary 
War was still at its height, and Congress continued to legislate very much as in 
the past, the States continuing to support its measures quite generally till the 
end of the war. 



28 Government of the Confederation. 

III. Close of War. Two years after the adoption of the Articles of Con- 
federation, the Eevolutionary War closed, with the triumph of the colonies. It 
had taken eight years of terrible war to secure their liberty and independence. 
The English army withdrew from the country ; the American army disbanded ^ 
Washington resigned his commission, and returned to his home at Mt. Vernon. 
The people then prepared to enjoy the liberty and peace for which they had so 
long and bravely struggled. But peace did not come. They found they had 
gained liberty alone. Another enemy was in their midst, quite as dangerous as- 
the one they had driven out. It was the weakness of their own government. 

IT. Defects of Articles of Confederation. The selfishness, jeal- 
ousy and short sightedness of the colonies, which had delayed the formation and 
ratification of the Articles of Confederation, had also resulted in making them a. 
very imperfect instrument of government. It was believed that enough power 
had been vested in Congress to make it a strong central government. It was 
found, however, that although Congress could make war, and determine the num- 
ber of troops necessary, it could not enlist a single soldier. It could only ask 
the States to raise the troops. It could determine the amount of money neces- 
sary for war and other expenses, but it could not raise a dollar. The States had 
exclusive control over taxes. It had no power m regulating the commerce of 
States with each other, or with foreign nations. Briefly, Congress could advise 
and recommend measures, but could not carry them out. It lacked the one ele- 
ment necessary to any government — compeUing power. The States had kept 
in their own hands the entire substance of power, giving to Congress but the 
shadow. 

Y. Result of Defects. The great amount of money used in carrying on 
the war had caused a large public debt, and funds were also necessary for the 
ordinary expenses of government. Congress, completely helpless in the matter, 
requested the States to provide for these necessities. Some States ignored the 
request ; others refused to comply ; while still others made the attempt to raise 
funds by direct taxation and stirred up sucli violent opposition among their cit- 
izens that troops were called out to quell the disturbances. 

Each State, having entire control of its own commerce, regulated duties as 
best suited its own interests. Those having sea ports taxed other States trading 
through them. England, taking advantage of the weakness of the government, 
did all in her power to injure American commerce, and everywhere the trade of 
the United States was fast being destroyed. 

The laws passed by one State frequently worked such direct injury to others 
that the latter retaliated in kind. There was constant dispute over the claims 
of the different States to uninhabited territory in the West. Each State had its 
own paper currency, which would not pass in other States ; and much of the coin 
of the country was fast finding its way abroad. 

Tlie government became an object of contempt to foreign nations, England in 
particular losing no opportunity to ridicule this people who had struggled so 
obstinately for self-government. But more than all else, the American people 



Good Results of Confederation. 



29 



themselves grew to distrust and despise their own goyernment. Men who in 
the past had bitterly hated monarchial government, came to think and speak of 
it with leniency. The outlook of the country was growing darker than in the 
time of war. 

TI. Attempts at Reform. Congress made repeated attempts to alter 
the Articles of Confederation in a way that would give to that body more power, 
and as often failed. That the assent of the whole thirteen States was required 
for amendment or revision was an insurmountable difficulty. Three times 
amendments were assented to by twelve of the States, but defeated by the 
refusal of one to approve. 

Til. OooD Results of Confederation. Although the government of 

the Confederation was the weakest that could well have been framed, and totally 
without merit, yet it is entitled to the gratitude of this nation. Had its defects 
heen of less magnitude, it is probable that our constitution would never have 
heen framed. Had the thirteen States not experienced so fully its evil effects, 
our constitution would never have been adopted. Had the weakness of the 
Articles of Confederation been less, the strength of our constitution would not 
have been possible. 

Lesson Rbvikw^. 



1. How did the Articles of Confedera- 
tion unite the States ? 

2. ^\Tiat was the nature of the union 
formed ? 

3. Give leading features of the Articles 
of Confederation. 

4. How was the government adminis- 
tered under the new form ? 

5. How had the government in reality 
changed ? 

6. What is said concerning the close of 
the war ? 

7. What had made the Articles of Con. 
federation defective? 



8. What were the defects of the Articles 
of Confederation ? 

9. Why was it necessary to raise money ? 

10. What was the result of the attempt ? 

11. WTiat difficulties arose in connection 
■with commerce? 

12. What other troubles arose ? 

13. What opinions were held concerning 
the government ? 

14. "WTiat attemjDts were made at reform ? 

15. Why did these attempts fail? 

16. What were the good effects of the 
Confederation? 



KiGHTH Lesson, 



Kroivi Conrkdkratiok to constitution. 



I. Steps to Formation of Constitution. 

1. Yirginia and Maryland Conyention, 1785. — Most great things have 
small beginnings. A quesition of dispute concerning the navigation and fish- 



so Government of the Confederation. 

eries of the Potomac River and Chesapeake Bay caused the first step to be takem 
leading to the formation of the Constitution. Virginia and Maryland, the dis- 
puting States, appointed commissioners to meet and settle the question. These 
commissioners at once discovered that the matter also concerned the rights and 
privileges of other States. They therefore adjourned without taking action ; 
but they recommended to their State legislatures the calling of a convention of 
all the States to advise together in regard to the trade of the United States. 
Virginia, acting upon this recommendation, adopted a resolution advising all 
the States to send delegates to such a convention. 

2. Convention at Annapolis^ 1786. — A convention was therefore called 
at Annapolis ; but, although the States in general favored the undertaking, only 
five were represented. On account of the small number present, and the 
importance of the matter in hand, the convention took no action. It however 
recommended to Congress and the several States the appointment of delegates 
by all the States to meet in convention at Philadelphia and consider the situa- 
tion of the United States, and provide for the urgent needs of the Union. 

Congress at once advised the calling of a convention for revising the Articles, 
of Confederation. 

?*, The Federal or Constitutional Conyention^ 1787. — By this time 
the affairs of the government had fallen into such a state of confusion that the 
entire people recognized the necessity for immediate action, in order to preserve 
the Union. All of the States but Rhode Island sent delegates to this conven- 
tion. As on similar occasions, the people exercised unerring judgment in select- 
ing these delegates. They not only sent their wisest and best men, but men 
who with few exceptions had become famous as governors of States, members of 
Congress, signers of the Declaration of Independence and the Articles of Con- 
federation, and in other capacities. But the task before them was one worthy 
of their greatest wisdom. They held the fate of a nation in their hands. 

The time of meeting was appointed for the 14th of May, but not until the 25th 
were enough States represented to undertake this work of revision. Vv^ashing- 
ton was unanimously chosen president, and the convention proceeded to business 
behind closed doors. The members were pledged to secrecy, and it was not till 
years afterward that the proceedings were fully made known to the public. 

II. Formation of Constitution. Although the convention had been 

called to revise the Articles of Confederation, it was soon decided to abandon 
this purpose, as they were too faulty to admit of revision. The convention at 
once proceeded to the formation of an entirely new instrument of government — 
one that would answer the needs of a N"ational Government. 

This proved to be a work so delicate and difficult that it will always be a mat- 
ter of wonder how it was accomj^lished. From the first, serious dissensions arose 
and continued to multiply throughout nearly the whole proceedings. The large 
States claimed precedence in proportion to their territory, wealth, and popula- 
tion ; and the small States stubbornly opposed it. The free States wished onlj 
the whites counted as population ; the slave States insisted that all be counted. 



Ratification of Constitution. 31 

The commercial and agricultural States difPered widely in their interests. 
Nearly all were opposed to yielding very large powers to the central govern- 
ment, while each was afraid the others would secure too much influence in such 
government. 

The best men among the delegates almost despaired of ever arriving at any 
agreement. However, at the end of a long struggle, a spirit of concession pre- 
vailed among them, which resulted in the formation of our Constitution. It 
required the labor of nearly four months to accomplish this work, but the result 
was well worth a much longer labor. 

Because the Constitution contains some features of the Confederation, the 
United States government is often called the Federal Government, as well as the 
National Government ; and the Constitution is spoken of as the Federal Con- 
stitution. 

III. Ratification of Constitution, it was provided that the Consti- 
tution, upon being ratified by Congress and then by nine of the States, should 
go into effect ; but in that case only the States so ratifying would belong to the 
Union thus formed. This gave perfect freedom of choice to the States ; none 
could be forced into the Union. 

Congress approved of the Constitution on the 28th of September, 1787, and 
then submitted it to the States. At once a storm of discussion arose. It was. 
attacked at every possible point. In some States the opposition was exceedingly 
strong and bitter. In several towns serious riots occurred between the friends 
and enemies of the Constitution. Some thought too much power was given 
the Federal Government ;. others not enough. Some thought the Senate should 
be elected by the House of Representatives ; others by the people. The terms of 
office were too short or they were too long. Congress should vote by States, not 
by individual members. Religious tests should be required for office ; and the 
seat of National Government should not contain so much land. 

But many saw that the choice lay only between the Constitution and anarchy, 
t and therefore in less than a year eleven States had ratified, and the new govern- 
ment went into oj^eration during the first months of 1789. Washington was 
elected President, and John Adams, Vice-President ; and then in truth, peace 
and prosperity came to the nation. 

North Carolina and Rhode Island, the two States that had not ratified, after 
waiting until the success of the new government was assured, joined in the 
Union, thus completing the list of thirteen original States. 

IT. Amendments to Constitution. Many of the supporters as well as 

the opposers of the Constitution thought that certain omissions in that instru- 
ment should be supplied. In the first Congress therefore ten amendments, con- 
stituting a bill of rights, were projoosed and subsequently adopted by the States. 
These amendments had reference to certain rights of individuals, which the 
people were afraid would not be recognized by a National Government. Five 
amendments have since been added, as the needs of the nation required. 



Government of the Confederation, 



1. What conyentions were held which 
resulted in the formation of the Constitu- 
tion? 

2. Describe the Yirginia and Maryland 
convention. 

3. The convention at Annapohs. 

4. "^Tiy was the Federal Convention 
called? 

5. "^NTiat States sent delegates? 

6. What was the character of the del- 
egates? 

7. "WTien did the convention meet ? 

8. What was its first move ? 

9. How did it proceed to work ? 

10. Why was the original jnirpose aban- 
doned ? 

11. ^Miat dissensions arose? 

12. What was accomplished at the last? 



13. How long was the convention in ses- 
sion? 

14. What is said of the use of the word 
federal? 

15. In what case would the Constitution 
take effect ? 

16. When did Congress approve it? 

1 7. What troubles f oUowed ? 

18. When did the new government go 
into effect? 

19. Who were elected first President and 
Yice-President ? 

20. How was the list of the thirteen 
original States completed? 

21. When and why were the first amend- 
ments made ? 

22. What amendments have since been 
made? 



Territory of the United States. S3 



Govee:kmei^t Ui^^der the Co]:^stitutio]:^. 



Ninth I^ksson, 



T^ERRITORY OK XHK UNITED STATKS. 

I. The Original Territory, 1783. The treaty of peace made with 
'Great Britain, at the close of the Eevolutionary "War, defined the boundaries of 
the United States. These boundaries were : the Atlantic Ocean on the east, the 
Mississippi Eiver on the west, the Great Lakes and Canada on the north, and 
-the northern line of Florida extended to the Mississippi River, on the south. 

This territory comprised about 830,000 square miles — more than three times 
the area of France, Spain, Germany or Italy, four of the most powerful nations 
■of Europe. On account of this great extent of country and its relatively small 
population, it evidently did not occur to the minds of the founders of our 
Eepublic that we should ever need or acquire more territory. Therefore no pro- 
Tision was made in the Constitution for such acquisition. Nevertheless it has 
always been acknowledged by all parties that the National Government possesses 
"the right to acquire territory by any honorable measures ; and this right has 
"been repeatedly exercised. 

II. The Louisiana Purchase, 1803. During President Jefferson's 
:administration the first addition of territory was made to the original United 
States. Napoleon Bonaparte, who was then at the head of the French govern- 
ment, was about to engage in war with Great Britain. Three years previously 
lie had purchased the province of Louisiana from Spain, and he now feared that 
the British would open hostilities by taking possession of this region. To pre- 
Tent such an occurrence, he sold the entire province to the United States for the 
.sum of $15,000,000. 

This territory was many times larger than the present State of Louisiana. It 
-extended from the Mississippi River on the east to the Rocky Mountains on the 
iv^est, and from its wide stretch along the northern boundary of the United 
States, narrowed down to the width of the present State of Louisiana on the 
Gulf of Mexico. Over a million square miles were comprised in this section, 
jind by its acquisition the area of the United States was more than doubled. 

This province was one of great fertility of soil ; its climate was healthful, and 

its natural productions many and varied. It has proved of vast importance in 

the growth and development of our country. From it, with the addition of a 

little extra territory, the States of Louisiana, Missouri, Arkansas, Iowa, Minne- 

3 



SJi- G0VERN3IENT UnDER THE CONSTITUTION. 

sota, Kansas, Nebraska, Colorado, Montana and Dakota, and the Wyoming and 
Indian territories, have been formed. 

III. Purchase of the FlORIDAS, 1819. The provinces of East and 
"West Florida, which Spain had ceded to Great Britain at the close of the French 
and Indian War, were given back to Spain by Great Britain in the treaty of 
peace with the United States. 

During President Monroe's first term of office these provinces were purchased 
by our government for 15,000,000. But, owing to the delay of the Spanish gov- 
ernment in giving a final ratification of the treaty, the United States did not 
come into possession of the purchase until 1821. 

IT. ANNEXATION OF TEXAS, 1845. The present State of Texas was once 
a part of the Eepublic of Mexico. Most of its people, however, were from the 
United States. In 1836, on account of the tyrannical measures of the Mexican 
rulers, the Texans rebelled and established an independent government, which 
they sustained by force of arms. 

In 1845 the United States Congress passed a bill for the admission of Texas 
to the Union. This bill was signed by President Tyler three days before the 
expiration, of his term of office. In the early days of Polk's administration the 
Legislature of Texas approved the bill; and thus Texas became one of the 
United States. 

But this great State of Texas came into the Union upon one condition, that 
her territory should be divided into five separate States whenever her govern- 
ment so decided to do. This has never yet been done, and she remains to-day 
by far the largest State in the Union. 

y. The Oregon Treaty, 1846. The country lying west of the Rocky 
Mountains, which is now embraced in Oregon, Washington, Wyoming, and a 
section of British America directly north, was long known as the Oregon Coun- 
try. This territory was claimed by the people of the United States under 
several titles : 

1. Captain Gray having discovered the Columbia River, they claimed it by 
right of discovery. 

2. Captains Lewis and Clark having explored the country, they claimed it by 
right of exploration. 

3. It having been actually settled by citizens of the United States, they 
claimed it by right of settlement. 

4. All claims to that region held by France and Spain having been purchased. 
by the United States, they claimed it by right of purchase. 

5. But Great Britain also claimed Oregon ; and thus for many years a contro- 
versy was carried on between that government and our own, which at one time 
threatened to end in war. But finally the difficulties were settled by the treaty 
of 1846, in which Great Britain yielded to the United States all her claims south 
of the forty-ninth parallel of latitude. Then this country belonged to the people 
of the United States by right of treaty. 



Territory of the United States. . 35 

TI. Purchase of California, 1848. Althongli Texas had maintained 
her independence for several years, and the United States, England, France and 
other governments had acknowledged it, vet Mexico had never yielded her 
claims to the province. The admission of this State into the Union therefore 
gave rise to a war between Mexico and our government, which resulted in the 
victory of the latter. By the terms of the treaty of peace which followed, Mex- 
ico ceded to the United States the territory now comprised in California, Nevada, 
Utah, the greater part of Arizona and New Mexico, and part of Colorado. The 
price paid by the United States for this territory was $15,000,000, together with 
the assumption of debts owed by Mexico to American citizens, to the extent of 
$3,000,000. 

Til. Purchase of the MESILLA YaLLEY, 1853. A second treaty was 
afterward made with Mexico, known as the Gadsden Treaty, by which the 
Mesilla Valley, a region of country lying south of the G-ila Eiver, was purchased 
by the United States for $10,000,000. 

Till. The Alaska Purchase, 1867. William H. Seward, President 
Johnson's Secretary of State, accomplished the purchase of the vast country of 
Alaska, containing more than half a million square miles. The Eussian gov- 
ernment was paid $7,200,000 for this jDOSsession, then known as Eussian America. 
On account of the desolate, arctic nature of a large part of the region, its pur- 
chase was at the time much ridiculed by the people and press of the country, 
and it became widely known as ^'Seward's Folly." It has, however, proved a 
valuable acquisition. Its fisheries are extensive, and its fur-bearing animals are 
a source of great wealth. The government derives a large yearly income from 
the seal fur alone. This country is also rich in minerals and timber, and the 
climate along the coast is mild. 

IX. Present Extent, 1889. The area of the United States is now 
3,600,000 square miles — more than four times the extent of the original United 
States. Its forty-two States and seven Territories stretch across the entire con- 
tinent, from the Atlantic to the Pacific Ocean, and reach from the Icy Cape in 
the Arctic Ocean to the hot coasts of the Gulf of Mexico. ]S"early all varieties of 
soil, climate and productions exist Avithin this immense spread of territory ; and 
among its 65,000,000 inhabitants are found natives of almost every country on 
the globe. Yet the same set of laws, framed by that small body of men in the 
Philadelphia Convention, as successfully controls the affairs of this great country, 
and protects the interests of its vast population, as when the thirteen original 
States, crowded upon the Atlantic sea-board, constituted the Union. 



Government Under the Constitution. 

Lksson Rbvik^st. 



1. What were the boundaries of the 
original United States, and by what were 
they defined? 

2. What was the size of this original 
territory ? 

3. Why was no provision made for the 
acquisition of territory ? 

4. What is said of the right of the gov- 
ernment to acquire territory ? 

5. When was the first addition of ter- 
ritory made ? 

6. HoAv did the opportunity of making 
this j)urchase arise ? 

7. Give the extent and location of this 
proNdnce. 

8. What is said of its natural advan- 
tages ? 

9. What States and Territories have 
been formed from it ? 

10. Discuss the next purchase made by 
the United States? 

11. When and why did Texas become 
independent ? 

12. How was Texas admitted to the 
Union ? 



13. Under what condition did she enter ? 

14. What was the Oregon Country ? 

15. Under what titles was it claimed by 
the United States ? 

16. What caused the Mexican War ? 

17. What were the terms of the treaty of 
peace which followed ? 

18. What was the second treaty made 
with Mexico? 

19. When and through whose agency 
was Alaska purchased ? 

20. What is its extent, and what was the 
purchase price ? 

21. How did the j)eople of our country 
look upon this j^urchase ? 

22. How has the purchase resulted ? 

23. What were the area and political 
di\dsions of the United States in 1889? 

24. Have any changes since been made? 

25. What is said in description of the 
United States, its climate, people and gov- 
ernment ? 

26. What is the present i3opulation of 
the United States? 



State Governments: Constitutions, S7 



STATE GOVEEXMEISTTS. 



T^ENTH Lesson 



I. State Constititions. 

1. Their Nature and Origin. — A constitution, is the established form of 
goYernment of a State or Xation. One of the most important powers of the 
people of a free government is that of securing their rights by a written consti- 
tution of their own choice. Their legislative bodies can then make no laws that 
this constitution forbids, and there can be no oppressive or tyrannical measures 
which the people themselves cannot control. 

The English people have no written constitution. The body of principles 
contained in the Acts of Parliament, the rulings of the courts of law, and the 
established customs of the country, extending back through centuries, is called 
the English constitution. It is in constant process of change, for Parliament 
has the power to make any new law it sees fit, or to abolish any old law. 

The people of the United States were the first in the history of the world to 
have written constitutions. They had had experience of the fickle will of cruel 
kings and law-making bodies, and they determined to be governed by well estab- 
lished and written codes of laws, which could never be forgotten, and never be 
changed excej^t as the people themselves desired it. 

Even before the formal Declaration of Independence had been made, the Con- 
tinental Congress recommended the colonies to organize State governments. 
Eleven of the colonies responded to this suggestion by adopting State constitu- 
tions within the course of a few years, while the other two, Connecticut and 
Ehode Island, substituted their liberal royal charters instead. But when the 
National Constitution was formed, that became, within the range of its powers, 
the supreme law of the land. The State constitutions, therefore, cannot in any 
way conflict with it, or with the laws made under its provisions. But the States, 
having the supreme power in all other matters, have each adopted a constitution 
which comes wdthin the limits of this power, and by which the peoj^le of that 
particular State are governed. 

2. How They are Framed. — The State constitutions have without excep- 
tion been the work of constitutional conventions. The people of a State cannot 
all come together to frame a constitution ; they therefore choose representatives, 
or delegates as they are called, who meet in convention and draft a form of con- 
stitution which they think best adapted to the government of that particular 



38 G0VERN3IENT UnDER THE CONSTITUTION. 

State. This, however, is only a draft, and can hav-e no force as law until it has 
been regularly adopted by the people at large. 

3. How They are Adopted. — This draft is submitted to the people at an 
election, for their decision upon it. It is accordingly adopted or rejected as the 
majority yote. 

4. How They are Revised and Amended. — Every constitution must be 
capable of change to a certain degree. Both the public and the private life of 
the people are constantly developing, and hence their requirements are as con- 
stantly changing. The fundamental law of the State must therefore be capable 
of a corres]3onding modification. The constitution itself usually contains pro- 
visions for making these changes or amendments. 

When a general revision is thought necessary, the method of proceeding is 
usually the same as in making a new constitution. But it is more difficult to 
effect a single amendment than a general revision. An amendment must be 
assented to by both houses of the Legislature, in some cases by a simple majority 
and in others by a three-fifths or two-thirds vote. In some States it has to be 
voted upon and carried by the Legislatures of two successive years. Finally it is 
submitted to the vote of the people, when a simple majority is sufficient for its 
adoption. 

5. Diyision of Goyernment. — Every State constitution separates the leg- 
islative, executive and judicial departments as thoroughly as the National Con- 
stitution itself. But here, also, they are not entirely distinct, each one having 
a certain degree of control over the others. 

II. SUBDIYISIONS OF STATES. Some sections of a State may require laws 
that are not necessary in others. Certain officers, as sheriffs and collectors of 
taxes, must each have his jurisdiction confined to particular limits, or great 
confusion would result. For these and otlier conveniences in administering the 
government. States are divided as follows : 

1. Counties. — Every State in the Union is divided into counties. In 
Louisiana these divisions are called imrislies. Counties in the same State are 
quite uniform in size ; but the counties in one State, as comj)ared with those of 
another, vary greatly in extent and number. 

2. Towns or Townships. — Counties are subdivided into towns or town- 
ships in all the States except those of the far West and most of the Southern 
States. 

3. Districts. — Towns are variously divided into election, school and road 
districts. Both counties and towns are divided in some cases and united in 
others to form districts for the election of certain National and State officers. 
On account of the great diversity and complicated nature of these districts, it is 
not possible to fully discuss them in any general work. 

III. YOTERS OR Electors. 

Definitions. — Whenever the people are spoken of in a political sense, that is, 
in connection with matters of government, voters are meant ; those who by right 



State Governments: Electors. S9 

of voting carry on the government. Voters are often called electors. The right 
to vote is called the riglit of elective franchise, or the right of suffrage. ■ 

Qualifications. — When the Federal Constitution was framed, the qualifica- 
tions required of voters in the several States were very diverse. The Conven- 
tion, after much discussion of the matter and many vain attempts to settle upon 
a uniform right of suffrage, decided to leave the matter entirely with the indi- 
vidual States. 

This former great diversity of qualifications has of late years been very much 
modified. The tendency now is toward universal suffrage. Although differ- 
ences still exist among the several States, they are for the most part unimpor- 
tant. 

1. Sex. — It seems to have been the belief from earliest times, that in all affairs 
of government, the judgment of men is better than that of w^omen. Whatever 
the truth may be, many women of our country do not hold this opinion. They 
liave for years struggled to gain equal recognition in the government with men, 
but their efforts thus far have met with little success. In several States they 
Iiave gained slight privileges in that direction, and in one or two of the terri- 
tories they vote at general elections ; but the right of suffrage still belongs solely 
to men. 

2. Citizenship. — A nation cannot be safely governed by men who take no 
interest in its affairs, and who have not the welfare of the people at heart. 
Therefore aliens, or persons born in foreign countries, when they first come 
here to reside, are not allowed the privilege of voting. But laws have been 
made by which aliens, after residing here long enough to become acquainted 
with our government and to become attached to its institutions, can be natural- 
ized, that is, made citizens of the United States. 

Some State's allow an alien to vote upon his simply declaring his intention of 
becoming a citizen of the country. 

3. Age. — The common law long since arbitrarily established the fact that a 
youth reaches the age of understanding and responsibility when he becomes 
twenty-one years old. Previous to that time he is not supposed to be capable of 
transacting business or of understanding the nature of government sufficiently 
-to act with judgment. Therefore all the States have fixed this age as the time 
when men shall be allowed the right of franchise. 

4. Residence. — In order that a man may vote understandingly, he should 
reside in the State long enough to become acquainted with its laws and govern- 
ment, and to learn the character and qualifications of the men for whom he 
votes. All of the States require that voters shall have been residents for a speci- 
ffed time of the State and district wherein they vote. The time varies in the 
.several States from three months to two years. This law is also made to prevent 
illegal voting ; otherwise large numbers of men might be taken from one district 
to another or from one State to another at election time, and by their votes 
•change the result of the election. ; 



JfO 



Government Under the Constitution. 



5. Criminals. — -It is generally provided in State constitutions that voters 
convicted of infamous crimes are deprived of the right of franchise. They are 
then said to be disfranchised. 

The phrase ^Mnfamous crime" is usually held to mean any crime punishable 
by imprisonment for a term of years. It is not considered proper for men guilty 
of high crimes to take part in administering a government which they have 
themselves defied. 

It is sometimes expressly stated in a constitution that a pardon before the- 
close of the term of imprisonment shall restorie the right of citizenship and suf- 
frage. Whether stated or not, this is usually the effect of a pardon. Often 
criminals are pardoned a short time, even a day, before their terms expire, for 
this purpose. 

6. Idiots^ Lunatics and Paupers. — These three classes are universally 
denied the right of suffrage. It is very evident that idiots and lunatics cannot 
exercise the right understandingly ; though many who are allowed the right 
should undoubtedly be j^laced under one or the other class. 

Paupers are supported at the direct expense of the government, and are allowed 
no vote. This right is denied them on the ground that there would be great 
danger of bribery and maltreatment by poor-house officials if the paupers were 
allowed the right of suffrage. 

7. Other Qualifications. — Quite a variety of other qualifications are required 
by the several States. For example, in Massachusetts a voter must be able to 
read the constitution in the English language and write his own name ; in Ehode 
Island he must own a certain amount of property ; and in Pennsylvania he must 
pay certain taxes. But in most of the States all property qualifications have 
been abolished. 

8. Color. — The Fifteenth Amendment to the United States Constitution has 
placed the only limitation upon the States in regard to conferring the right of 
suffrage. By this, all the States are forbidden to deny the right of franchise to 
any citizen on account of race, color, or previous condition of servitude. After 
the War of the Eebellion, which resulted in the abolition of slavery, this amend- 
ment was added in order to give the right of suffrage to all persons of African 
descent. Previous to this no colored person could vote in the Southern States,, 
and in onlv three or four of the Northern States. 



IvKSSON RKVlK\Nr. 



1. What is a constitution ? 

2. What is said of written constitutions? 

3. What is the English constitution ? 

4. Where did written constitutions have 
their origin, and why ? 

5. What is said of the first State con- 
stitutions ? 



6. How long has the present constitu- 
tion of this State been in operation ? 

7. How are State constitutions framed? 

8. What is then necessary to put them, 
in force ? 

9. Why must constitutions be capable 
of change? 



State Governments: Electors. 



Jfl 



10. How is a general revision made ? 

11. How are constitutions amended? 

12. What is said of the division of State 
government ? 

13. Why are States subdivided? 

14. Give all concerning the subdivisions? 

15. What are the subdivisions of this 
State? 

16. What are electors, and what is the 
right to vote called ? 

17. Why were all matters pertaining to 
the elective franchise left with the States ? 

18. What is the tendency now in regard 
to the right of sufifrage ? 

19. What is said in regard to the sex of 
voters ? 

20. What i)rivileges of this kind do the 
women of this State have ? 

21. Why is it not considered proper for 
an alien to vote ? 



22. How can an alien acquire the elec- 
tive franchise? 

23. Must an alien be naturalized before 
he can vote in this State ? 

24. What is said concerning the age of 
voters ? 

25. What is the residence qualification ? 

26. Why is this made ? 

27. "What are the laws concerning the 
residence of voters in this State ? 

28. What is said in regard to criminals 
voting ? 

29. What other classes are denied the 
right of suffrage, and why ? 

30. What is said of other qualifications ? 

31. What restriction is placed on the 
States by the Fifteenth Amendment, and 
why was it made? 

32. Name all the qualifications required 
of an elector in this State ? 



Government Under the Constitution, 



Eleventh Lesson, 



NOlVIINATriONS. 

I. Political Parties. As soon as our National G-overnment was organ- 
ized, people began to have different opinions about their rights and duties under 
the Constitution. By reason of this, political parties, after a little, sjorung into 
existence. During the second term of Washington's administration they had 
their origin ; but it was not until nearly a quarter of a century later that they 
iidvanced from a merely local nature into National importance. 

Since that time they have always existed, growing with our growth as a peo- 
ple, until they have become such powerful forces in our political affairs that it 
would be practically impossible to conduct our government without them. They 
are, in fact, a necessity to any free government ; for where the people themselves 
decide political questions, it must be done by majorities, and political parties 
are the agencies for obtaining majorities. These jDarties also support widely- 
circulated news2:)apers ; print millions of political pamjohlets, and distribute 
them throughout the land ; cause many public addresses to be made ; and in 
numerous ways keep the people enlightened in regard to the important issues of 
the times, and the views of leading minds. 

At present ( 1889 ) our two most prominent political parties are the Eepublican 
and the Democratic, so closely balanced that the change of a few votes in one 
State will decide the result of a Presidential election. These parties are formed 
on National questions, and it is always National issues that keep up their life. 
In State politics sometimes distinct State parties form when an important local 
issue arises ; but in general the lines of these two great parties extend from 
National matters down through the politics of all the States, reaching even to 
the election of the lowest township official. 

II. Definitions. To nominate means to name for an office or place. The 
use of the word is quite closely confined to politics, where its meaning is to name 
persons for election to some office. The persons thus named are called the can- 
didates or nominees. 

III. Why Nominations are Made. Nominating candidates for office is 
a matter entirely outside of the control of law. It is simply a custom, and well 
illustrates the fact that the. people of this country are free to assemble peaceably 
at their will to transact any business. But although not a matter of law, it is 
practically of the greatest importance. If, on election day, every elector voted 
for whatever individual pleased him, so great a number of persons would receive 



State Governments: Nominations. ^3 

votes that it would scarcely be possible, for any of tliem to have a sufficient num- 
ber for election, and therefore no result would be reached. It might also hap- 
pen that some persons, if elected, would not be able to serve, thus making other 
elections necessary. There are also great numbers of ignorant and indifferent 
voters, Avho either would not vote at all, or would vote much more unwisely if 
names of candidates were not suggested to them. Moreover, the public interest 
is aroused by being centered on a few individuals, and the character and ability 
of the candidates become well known to the people before election. For all these 
reasons it seems to be highly important to select persons before election, so 
that on election day there shall be but few persons to be voted for. Of course 
no one is obliged to vote for the candidates thus selected, but as a matter of fact 
voting is almost universally confined to such nominees. 

IT. How Nominations are Made. Since about the year 1825, the caucus 
or convention method of placing in nomination candidates for office has pre- 
vailed, and has steadily increased in use, until now it governs all nominations, 
from the highest grade to the lowest. 

The course of nominations is descending and ascending ; that is, the calling 
of the different nominating conventions commences with the call for the highest, 
or National Convention, and descends in regular order to the call for the lowest, 
or townsliip caucus ; wliile the order in which these conventions are held is 
from the lowest by successive steps to the highest. 

That the subject under discussion may be fully illustrated, we will follow the 
course of nominations in a presidential year ; for then the National Convention, 
as well as the State, county, township, and other conventions are held. And as 
all political parties follow almost exactly the same course of proceeding in this 
matter, a description of the methods of any one of them will be applicable to all. 

Callin-g of C0iq"VEN'TI0:N"S. 

1. Calling of a National Convention. — Early in the Presidential year, or 
in the latter part of the preceding year, the members of the National committee 
— which was appointed at the National Convention four years before, and which 
is made up of one citizen from each State, and in some cases one from each Ter- 
ritory — meet and organize by the selection of officers. They then agree upon 
the place for holding the National Convention of their party, six months or 
more later. 

2. Calling of State Conventions. — Then the State committees of the 
respective States, which were elected at the last State Conventions, meet, organ- 
ize, and fix the day and place for holding their State Conventions. 

3. Calling of County Conventions. — The county committees of the vari- 
ous counties of each State next meet, and, after the usual organization, fix a day 
for their County Conventions. 

4. Calling of Townsliip or Ward Caucuses. — Lastly, the committees of 
the various townships of each county, and those of the wards of the cities 
included in the respective counties, meet, organize, and settle upon a day and 



JfJf Government Under the Constitution. 

place for the township or ward convention, or caucus, as this primary conven- 
tion is called. 

The hours of voting at a caucus are determined and published by the town- 
ship and ward committees. 

WOEK OF COXVEXTIONS. 

1. Caucus or Primary. — This convention is called to order by the chair- 
man of the township or ward committee, and at once some attendant at the 
meeting is selected by acclamation for chairman of the caucus, and assumes 
control as its presiding officer. Then a secretary and two or more tellers are 
similarly chosen ; after which all these officers must take the oath of office, as 
prescribed by law. 

The duties of this caucus are fourfold : 

1. To select a township or ward committee whose duty shall be the manage- 
ment of future caucuses. 

2. To nominate such officers as are for that township or ward alone ; as, 
supervisors, justices of the peace, etc. 

3. To select as many delegates to the county convention as that particular 
township or ward may be entitled to by allotment. 

4. To transact such other business as may properly come before the caucus. 
The voting is done by ballot or otherwise, as published by the committee, or 

as may be agreed upon by the members of the caucus. The vote for delegates 
is certified to by the caucus officers, and this serves as a certificate for the dele- 
gates selected, showing that they are entitled to sit in the county convention. 
The chairman announces the result of the voting for township or ward com- 
mittee and for local officers, and declares those receiving a majority as selected 
for a future committee, or as being the nominees of the party. 

The usual qualifications required to become a voter at a caucus are, that the 
person be legally entitled to vote in the precinct wherein the caucus is held, and 
that he declare his intention to supj^ort the candidates of the party at whose 
caucus he seeks to vote. .: 

The customary order of business of the caucus or of any convention may be 
changed by vote. 

2. County Conyention. — This convention is called to order by the chair- 
man of the county committee, and is then organized in the same manner as the 
caucus. 

The work of a county convention is : 

1. To select the members of the succeeding county committee, by calling the 
roll of the towns and asking the spokesman of each town delegation to name 
person selected from such town to represent it on this committee. 

2. To nominate such officers as are to be elected in and for that county, as 
sheriff, county clerk, etc. 

3. To select two delegates to represent the county as a congressional district 
in the National Convention if the county chances to constitute a congressional 
district. 



State Govern3ients: Nominations. J^5 

4. To select the allotted number of delegates to the state convention. 

5. To transact any other necessary business. 

3. Congressional District Convention. — If the county does not consti- 
tute a congressional district, as it usually does not, no delegates to the National 
Convention are selected at the county convention ; but the selection of such two 
delegates is made at the congressional convention held in and for each con- 
gressional district. 

This convention is called by the congressional committee of the district; 
and delegates to it are chosen in the same manner as those to other conventions. 
It is held every second year, for the purpose of nominating its candidate to the 
lower house of the National Legislature ; and every fourth year it selects dele- 
gates to the National Convention, as stated above. 

4. State Convention. — After this convention is called to order by the 
chairman of the state committee, the organization is carried out in a manner 
similar to that of* the preceding conventions. 

The duties of this convention are : 

1. To fix the membership of the new State committee, by calling upon each 
county delegation to name a citizen of that county so to act. 

2. To select nominees for the various State offices about to become vacant, as 
governor, lieutenant-governor, attorney general, etc. 

3. To select four delegates at large to the National Convention, to represent 
the two United States Senators of the State. 

4. To make up the Electoral ticket, or members of the Electoral College 
{p. lJf9). This is done by having the convention at large determine upon two 
electors for the two United States Senators ; and by calling the roll of con- 
gressional districts by number, and having the delegates from each district 
name a citizen of that district as an Elector. 

But the delegates to this convention are selected by counties, and congres- 
sional districts are often j^arts of a county, several counties combined, or Avhole 
counties and parts of others taken together. In order, therefore, to choose the 
electors by congressional districts, the delegates sent by the counties combine, 
divide, and re-district themselves, so that a certain number of them represent 
each congressional disti'ict in the State. These then, not as county delegates, 
but as the representatives of a given congressional district, name an Elector. 

5. To do such other business as may properly come before the convention. 

5. National Convention. — This convention is made up of the delegates sent 
from the States and Territories, two for every United States senator, two for 
every member of the House of Eepresentatives, and two for every territorial 
delegate to the lower house of Congress. In case any regular delegate is unable 
to act, his alternate, who was selected at the same time, serves in his place. 

This convention organizes in the usual form, then proceeds to its duties, 
which are : 

1. To fix upon the necessary National committee, by calling upon each State 
and Territory to name its member. 



J/B Government Under the Constitution. 

2. To accomplish the important work of nominating candidates for the Presi- 
dency and Vice-Presidency of the United States. 

3. To transact any other business properly coming before it. 

The Eepublican party has established tlie custom, at the National Convention, 
of permitting a majority to nominate, while the Democratic party requires a two- 
thirds vote of all delegates for the nomination of President and Vice-President. 

Y. Other Contentions, it will be observed that the preceding conven- 
tions are all in the direct course leading up to the nomination of President 
and Vice-President, and that the work of each is necessary to the completion of 
the system. There are besides various other important nominating conventions 
or caucuses. 

1. Uuited States Senatorial Caucuses. — United States Senators, as will 
hereafter be fully explained, are elected by the legislature of each State. They 
are first nominated in caucuses held by the members of the different political 
parties who compose the legislatures. 

2. State Senatorial Conventions. — For the nomination of State Senators, 
conventions are called by the senatorial committees of each senatorial district. 
The course of nomination is descending and ascending, as outlined heretofore. 
When, however, caucuses or conventions are to be called for other, or purely 
local objects, delegates to the senatorial convention may then be chosen ; but 
all the business to be transacted by way of selection of delegates or making 
nominations must be published in the call for the convention. 

3. Assembly District Conventions. — These are held for the purpose of 
nominating candidates for the lower house of the State Legislature. The dele- 
gates to these conventions are selected at township caucuses. 

4. Special Conventions. — Sometimes special conventions or caucuses are 
called for selecting delegates to the higher conventions. 

5. City and Tillage Conventions or Caucuses. — Many city and village 
ofl&cers are nominated in conventions or caucuses held for that purpose. 

TI. Platforms and Planks. Each party usually issues a formal dec- 
laration of principles, called a platform, thus making public its opinions con- 
cerning the important questions of the day, and its future intentions in regard 
to them. The declaration of each of these princi23les is called a plank. 

It is within the province of any convention to declare a platform of princi- 
ples ; but, practically, while this is always done at national conventions, usually 
at State, and occasionally at county conventions, it is almost unheard of at 
caucuses. 



State Governments: Nominations, 

Lksbon: Rkvikaat. 



47 



1. How and where did iDolitical jDarties 
originate ? 

2. What is said of their importance? 

3. What work do they accomplish? 

4. What is said of the present par- 
ties? 

5. Define nominate and nominees. 

6. Why are nominations made? 

7. How long has the convention method 
of making nominations been in use? 

8. What is the course of nomination ? 

9. What and how is the first conven- 
tion called? 

10. Name and discuss those following in 
their order. 

11. How is the caucus organized ? 

12. What are the proceedings of the 
caucus ? 



13. What is the work of the County Con- 
vention ? 

14. Of the Congressional District Con- 
ventions ? 

15. What are the duties of the State 
Convention ? 

16. How is the National Convention com- 
posed ? 

17. What are its proceedings ? 

18. What system do these Conventions 
taken together form ? 

19. Name and discuss all other Conven- 
tions. 

20. What is a platform f 

21. What is a p^a?z/j :? 

22. Where are platforms declared ? 

23. Does this system of nominations dif- 
fer from the one used in this State ? 



Government Under the Constitution, 



T^wEi^mrH Lksson, 



KIvKCTTIOMB. 



I. Preliminary Proceedings. The time between -the nomination of 
presidential candidates and the general election is always one of great political 
excitement. In local elections this is not usually so much the case, although 
the election of the higher State officials often arouses strong political interest. 
Immediately after the nominations, the political parties enter upon the work of 
the campaign with great activity. The different j^arties appoint their commit- 
tees in county, town and district to carry on the local preparations. Numberless 
political meetings, addressed by speakers brilliant or otherwise, pamphlets, news- 
papers and other i^rinted matter, are the means used to influence the votes of 
the electors ; while showy parades and various other spectacles keep up the 
popular excitement. 

All tliis is not without its evil effects. Private interests are neglected and for- 
gotten ; bitter animosities sjiring up ; fraud and deception become prominent 
agents in the work ; and the entire business of the country is paralyzed. But 
on the other hand, there are many good results. The ignorant voter becomes 
enlightened on matters of government ; the conflict between right and wrong 
is kept under way; party issues are brought to the foreground ; and dishonest 
candidates and measures become well understood by the people. 

II. Registration. Some States require registration, especially in the large 
cities. Each voter, within a specified time preceding the election, must go 
hefore certain officials aj^pointed for the purpose, and satisfy them that he has 
all the qualifications required for voting in that particular election district. 
His name is then put down in the list of voters, and only those whose names are 
thus registered can vote on election day. This prevents much illegal voting, 
and does away with many hindrances which would otherwise arise during the 
election, from necessary examination of voters. 

III. When and Where Elections are Held, in most of the States 

the general State election is held in October or November ; but the presidential 
•election is held in all the States at the same time, viz. : the first Tuesday after 
the first Monday in November. 

Counties and towns are divided into election districts for greater convenience 
in voting. A place is selected in each one of these districts, usually as near its 
center as possible, for carrying on the work of election. This place is called the 
polls OT 2^) oiling inlace. Poll is a Saxon word meaning head, and has come to be 
applied to a person. Because the polls or persons voting are here counted, the 
place is called as it is. 



State Governments: Elections, 49 

The polls are generally open from sunrise to sunset on election day. This is 
presumed to give ample time for every voter in the district to reach the polling 
place and cast his vote. 

IT. The Ballot. In nearly all the States the voting is done by ballot. A 
ballot is a piece of paper containing the names of the persons voted for, together 
with the title of the office for which each has been nominated. Ballots are used 
in order that the voting may be secret. Each man can then vote *as he pleases, 
without fear of the unpleasant consequences which might arise if his vote were 
known. 

The laws of the States vary considerably in regard to these ballots. Some 
States require them to be of an exact form and color, and printed in a particular 
type. In certain States, if a name is misspelled or a wrong initial given, or any 
.similar mistake made in the ballot, it is thrown aside and not counted at all. 

T. Inspectors of Election. The officers who have charge of the poll- 
ing place and the voting on election day are usually called judges of election or 
inspectors of election. Sometimes supervisors or other officials perform this 
duty. The number of these insjoectors varies from two to five. They are 
allowed to select persons, usually two, to act as their clerks. Each clerk keeps 
a list of the persons voting, which is called a poll-list. 

TI. Process of toting. There are usually certain men of each particular 
party present at the j^olling places all day distributing ballots. Each voter 
obtains the ballot which he wishes to vote. Sometimes he may not wish to vote 
for all the nominees on the ticket. He then ^'scratches'' out whatever names 
he chooses, and substitutes others in their places or simply leaves those offices 
blank. In substituting others, he either writes over those crossed out the 
names of other candidates, or pastes over them slips of paper containing the 
printed names. 

When his ballot is ready, he steps up to the polling-j)lace and hands it to one 
-of the inspectors, who, in his presence, deposits the same in the box prepared to 
receive it. When there are two or more tickets to be voted, a box is provided 
for each. If the voting be in a place requiring registration, the voter's name is 
then checked from the list, and no one can again vote under that name on that 
day. The clerks add his name to the poll-list u2:)on his voting. 

Til. Challenging, if the inspectors themselves, or any bystanders, sus- 
pect that a person offering to vote has not the necessary qualifications, but is 
trying to cheat, they may question his right to vote. This is culled cliallenging 
his vote. A person thus challenged cannot vote until the challenge is with- 
drawn, or until he himself makes oath that he is thus qualified, or until some 
other competent person j^roves his qualifications. 

Till. Canvassing or Counting the Totes, in most states the polls 

^re closed at sunset. The box is then opened and the votes counted by the 
4 



50 Government Under the Constitution 

persons in charge. If the number of ballots in the box corresponds with the> 
number of names on the poll-list, it is presumed no mistake or fraud has occurred 
in the election. If, however, there are more ballots than names, in some States; 
the election is void. In other States enough ballots are drawn at random from 
the box and destroyed to leave the number of ballots and names of voters the 
same. The official report of the votes, called, a return, is then sent to the proper 
authorities or board of canvassers. The results of the election in the several 
districts of the town are com23uted together by the town canvassers, and the 
final result as regards town officers declared. The vote of each town is then 
sent in to the county canvassers and the result in the county declared. To 
determine the election of State officers, or officers elected for districts compris- 
ing more than one county, the county canvassers all send in the returns from 
their counties to the State canvassers. Notices of their election are then sent to 
the officers elected, and in some States certificates of election are sent. 

IX. Number of Totes Necessary for Election. Originally all 

elections were decided by the vote of the majority. In most of the States a 
plurality is now all that is required. The New England States still require a 
majority for some of their highest officers. 

For a majority one man must have more votes than all the other candidates, 
put together ; that is, he must have more than one-half of the whole number of 
votes cast. A man has a 2)lurality when he receives more votes than any other 
one candidate, although it may fall far short of one-half of the votes given. Sup- 
pose three candidates receive together 2000 votes ; the first 900, the second 600, 
and the third 500. The first has more than either of the other two, and therefore 
has a plurality. He has not a majority, however, as that would require 1001 votes. 

Neither of these methods Avorks justice in all cases. Both are open to serious 
objections. A candidate may be elected by a plurality when a very large majority 
of the people vote against him. For instance, if out of 2000 votes one candidate 
receives 680, another 670, and a third 650, the first will be elected by the 680 
votes, while 1350 votes Avill have been cast against him. But when a majority 
is required, it is many times difficult to reach a decision, as no one man may 
secure a sufficient number of votes. This usually necessitates another election, 
and often, by reason of this, offices are left vacant a long time. 

X. Corruption. The greatest danger that threatens the Nation to-day lies 
in the corruption of our nominations and elections. The country has become so 
rich that unlimited funds can be had for the purpose of exerting fraudulent 
influence in these matters. The man who will sell his vote is contemptible ; the 
man who will buy it is more contemptible. Yet in many communities there 
are hundreds and even thousands of commercial votes, and seldom any lack of 
purchasers. 

Many illegal votes are smuggled into the ballot box through the carelessness or 
dishonesty of officials. Dependent men are forced to vote according to the will 
of their masters ; weak men are terrorized by the strong ; election returns are 
tampered with by unprincipled officers ; and fraud is practiced in all possible; 
ways. 



State Governments: Elections. 



51 



But there exists a certain remedy for these evils. The honest men in a com- 
munity are always in excess of the dishonest. If the former would exercise the 
same degree of interest and vigilance in the affairs of government as the latter, 
right and justice would certainly prevail. If men of principle would make it 
their first duty to attend caucuses and nominating conventions, only honest 
men would be nominated. If honest men were nominated, honest men would 
be elected. 



IvKBSOn: Rkvik^st. 



1. What preliminary proceedings to an 
election are here given ? 

2. What are their e^dl and their good 
effects ? 

3. What is registration, and Avhy re- 
quired ? 

4. Is registration required in this State? 

5. When and where are elections held? 

6. When and where are they held in 
your town or county? 

7. How is voting usually done, and 
how is it done in this State ? 

8. What is a ballot, and why used ? 

9. What is said of the State laws con- 
cerning ballots? 

10. What are the laws of this State on 
the subject? 

11. What is said of inspectors of elec- 
tion f 



1 2 . Give principal facts concerning those 
who have charge of the election in this 
State ? 

13. Give the whole process of voting. 

14. Is it any different in your State ? 

15. What is challenging, and how can 
an elector vote after being challenged? 

16. Give the process of canvassing 
votes. 

17. How were elections originally de- 
cided, and how are they now? 

18. How are they decided in this State ? 

19. What is the difference between ma- 
jority and plurality f Give illustration. 

20. What are the objections to these 
methods ? 

21. What gTeat danger threatens our 
nation to-day ? 

22. In what ways is fraud practiced ? 

23. What is the remedv for these evils ? 



52 Government Under the Constitution 



TThirteenth Lesson. 



THK TPO^VAnST. 



I. Origin of the Town or Township. The oldest institution of our 

present system of government is the town, or township, an institution existing 
more than two thousand years ago among our ancestors, the ancient Germans. 
They were a brave and warlike people, and in early times dwelt together in 
groups of families and kinsfolk, each household having a hut with dooryard and 
garden attached. But they pastured their herds in common, they brought their 
water from the same spring or stream, and cut their fuel from a common forest. 
Around each cluster of houses, as a means of defense, a hedge or ditch was 
made, called a tun [toon). Those living within this enclosure were tunes-men^ 
and the land owned by them was the tun-scipe ( toon-sMpa ) or township. The 
heads of the households met together frequently, around a sacred tree, to admin- 
ister their affairs of government ; to expel certain wrong-doers ; to impose fines ; 
to settle disputes ; and to attend to all their common interests. 

During the fifth century these Germans began to conquer Britain, and estab- 
lish there their customs and forms of local government. Two tribes, the Angles 
and Saxons, Avere the most prominent, wherefore the country became known as 
England, and its institutions as Anglo-Saxon. Hence, when the English estab- 
lished governments in America, the township institution was naturally among 
them. But the modern American township differs widely from the tun-scipe of 
our ancestors. 

II. Importance of the Township, in the New England states the 

town is the most important division of the State, and exercises nearly all the 
powers of local government. There the county is of little importance. In the 
Southern and extreme Western States the county is the most important State 
division ; while in the Middle and some of the Western States the powers of local 
government are quite equally divided between the two. But it must be borne in 
mind that the town does not exist in all the States, and where it is absent the 
county exercises all the powers of local government. 

III. The Town a Corporation, a corporation is defined as an arti- 
ficial 'person. By this we are to understand that it is an association of natural 
persons, authorized by law to transact business as a single individual. Corpora- 
tions are Private or Public. Private Corporations are those founded by private 
enterprise ; as, for example, banks, insurance companies and railroads. Public 
Corporations are those created by the government for governmental purposes. 
Counties, towns, cities and villages are public corporations. They have, to a 



State Governments: The Town. 5S 

certain extent, power to buy, hold and sell property, and may sue or be sued as 
natural persons. 

lY. Town Meeting. The people of each town meet together once a year, 
to elect officers and transact certain other business. This meeting is usually 
held in the largest village, or the one nearest the center of the town. Some 
towns own halls in which their meetings are held ; in others churches or school- 
houses serve the purpose. An officer, called the Moderator, is elected at each 
meeting, to act as its presiding officer. 

In giving notice of a town meeting, all questions that will be presented for 
discussion must be clearly stated, so that everyone may have time to consider 
them and form opinions before the date of the meeting. 

Besides electing the town officers, the electors, at this meeting, vote a tax for 
school purposes, for highways, and for other town expenses. They decide what 
salaries shall be paid town officials, and pass regulations for the coming year. 
They also receive the reports of the town officers of the past year. 

In the work of this meeting, aside from the election of officers, it will be seen 
that the representative system is done away with, and we have an example of 
pure democracy. 

y. Town Officers, a large majority of the town officers are elected 
annually, and all of them are required to take the oath of office ; that is, they 
swear to faithfully perform their duties. 

1. Selectmen, Supervisor, Trustees or Council. — The town, as we 
have seen, is a corporation, and therefore acts as a single individual. But it 
must act through some natural person or persons, who are its agents. 

In some States, especially the New England, there are several persons who 
fill the chief office of the town and represent it as agents. They are usually 
three or more in number, and are called selectmen. In other States these officers 
are called trustees of toimisliips, and sometimes the toiim council. In still other 
States one officer represents the town, and. is called a su2)ervisor. 

In the New England States, where the town is the most important state divi- 
sion, the powers and duties of its officials are much greater than those of the 
county officials. In States where the county is the chief division, the reverse of 
this is true. 

2. Town Clerk. — This officer holds a position of great importance. He is 
required to keep a record of all votes passed at town meeting, together with the 
names of all persons elected to office. He administers the necessary oath of 
office to those elected. He records the proceedings of the selectmen or chief 
officers, and makes necessary returns to county or state officers. He keeps a 
record of the births, marriages and deaths in the town, and of the transfer 
of property. His duties, however, cannot be precisely stated, as they differ in 
different localities. He usually calls the town meeting to order, and presides 
until a moderator is chosen. He sometimes also acts as treasurer of the town. 

3. Town Treasurer. — Generally, however, a treasurer is elected for this 
office alone. His duty is to receive all sums of money belonging to the town. 



5Jf Government Under the Constitution. 

and pay out the same as directed by law. He must make an annual report to 
the town of all moneys received and all paid out. He is required to give bonds 
for the faithful performance of his duties ; that is, he makes a written agree- 
ment with the town that if he fails in performing his duties as required he will 
pay a certain sum of money as a penalty. But his own agreement is not enough ; 
one or more other responsible persons must sign his bonds, by which they agree 
to jDay the penalty in case the treasurer himself fails to do so. 

4. Constables. — These officers are the police of the town, and execute the 
orders issued by the justices of the peace. They arrest persons charged with 
crime and have the custody of them. They see that order is preserved in the 
community ; and if at any time they are unable to carry out their orders by 
reason of violence on the part of accused persons, they may call upon the people 
to aid them. If this is not sufficient, they may call upon the governor of the 
State, who in turn, if unable to quell the violence with the State forces, may 
demand of the President the assistance of the armed forces of the United States. 

5. Supervisors or Overseers of Highways. — Usually each township is 
divided into road districts, for convenience in keeping highways and bridges in 
repair. Sometimes there is a commissioner- or hoard of commissioners having 
general oversight of all the highways of the town. A single overseer or super- 
visor is appointed or elected over each district, to keep the roads and bridges in 
order throughout his special section. In certain States the county has direct 
superintendence of the roads. In some cases taxes are levied for this purpose, 
and common laborers hired to do the work on the highways ; and in other cases 
each taxpayer may work out his tax himself, or pay it, as he chooses. 

6. Overseers of the Poor. — The duty of these officers is to provide for the 
support of the paupers of the town who have no near relatives able to support 
them. In some States there is in each county a poor-house to which the town 
paupers are sent, and where each town pays for the support of its own paupers. 
In other States each toAvn provides a place for its paupers, or pays private 
individuals for their support. 

7. Assessors and Collectors of Taxes. — The duty of assessors of taxes is 
to estimate the value of all taxable property within their respective sections. 
The collectors of taxes, after the estimate is made and approved by the proper 
authorities, collect the taxes which are assessed upon this property. 

8. Other Officials. — In some States each town elects a hoard of school direc- 
tors or school committee, which has general charge of the public schools of the 
town. 

Various other inferior town officers exist in the several States. There are 
field drivers, to take up stray live stock for safe-keeping ; pou7id-keepers, to care 
for the stray animals thus taken, until the owners call for them. There are 
fence-vieiuers, who settle disputes concerning division fences ; and sealers of 
weights and measures, who examine and test weights and measures as to their 
accuracy. 



State Governments: The Town. 



55 



Inspectors of election are town officers ; so also are excise commissioners, whose 
dut}^ it is to act upon petitions asking for the privilege of selling spirituous 
liquors. There is also sometimes a game constable, who looks after the laws for 
the protection of game. 

Justices of the Peace are elected by the town, but their duties will be given 
under the State Judiciary. 



LKBSON RBVIKV^. 



1. What is our oldest institution of gov- 
ernment ? 

2. Who were our ancestors ? 

3. Describe the tun and tun-scipe. 

4. What was done at the tun-scipe 
meetings ? 

5. How do we come to have this insti- 
tution ? 

6. How do the town and county com- 
pare in importance ? 

7. Which is more important in this 
State ? 

8. Define corporation and the different 
classes '? 

9. Why and Avhere are town meetings 
held? 

10. Where are they held in this town ? 

11. Who acts as presiding officer ? 

12. What notice is given before the meet- 
ing ? 

13. What work is done at this meeting ? 

14. What is the usual term of office of 
town officers ? 



15. What are all required to do ? 

16. Why are agents of the town neces- 
sary ? 

17. Who are these agents ? 

18. Wliat are these officers called in this 
town ? 

19. What are the duties of the Town 
Clerk ? 

20. Of the town Treasurer ? 

21. What is meant by giving bonds f 
22„ 'WTiy is this officer in jDarticular re- 
quired to give bonds ? 

23. Is there a treasurer in the towns of 
this State ? 

24. What is said of Constables f 

25. How are the highways kept in rej)air ? 

26. How are paupers cared for ? 

27. What officers are connected with the 
taxes ? 

28. Name the remaining officers and 
their duties. 

29. Name over all the officers of this 
town. 



56 Government Under the Constitution. 



KOURTEENTH LeSSON, 



T^HB COUNTTY. 



I. Origin of County. Formerly certain districts in England, which were- 
governed by earls or counts, were called coimties, a name which was introduced 
into England by the Normans. A county was also called a sJiire, because it was 
a share or part of the whole country. Our principal State subdivisions are called 
comities. The chief place in the county is called the county-seat or cayital, and. 
contains the court house, jail, and other county buildings. 

II. County Officers. The officers of the county are either elected by the- 
people or appointed by the proper authorities. Their terms of office vary from 
one to four years. 

1. County Commissioners. — As we have already seen, the county is a cor^ 
poration and must be represented by natural persons, the same as the township. 
The persons who thus represent the county and administer its government form^ 
a board of County Commissioners, usually three in number. As a rule these- 
officials are chosen for this purpose alone, though in a few States the Supervisors 
of the several towns constitute the board which exercises such powers for the 
county. These commissioners, or the suj^ervisors, must see that the laws per- 
taining to the county are faithfully executed. They have charge of all property 
belonging to the county, including the erection and repairs of county buildings,. 
the court house, jail and others. In States where the county is of more impor- 
tance than the town, this board has supervision of schools, taxes, roads, ferries, 
bridges, etc. 

2. The County Clerk : Recorder. — There is in each county a recording 
officer, who records, in books provided for the purpose, all deeds, mortgages, 
wills that have been probated or proved according to law, and such other written, 
instruments as are by law required to be recorded. This officer is usually called. 
a Register or Recorder. Sometimes the work is divided among several officers, a. 
Recorder of Deeds, a Register of Wills, and others. In other States all the duties, 
of recorder are attended to by an officer called the County Cleric, who is at the 
same time clerk of all the courts of record in the county. 

In this work of recording, the matter of time is a most important factor. 
Every paper is marked with the exact day of its presentation, and many are 
marked with the exact hour of the day. This is necessary in order to fix the- 
precise date of the claim. If a man should take a mortgage on certain propert^r 
and neglect to record it at once, the owner of the property might, in the mean- 
time, give a second party a mortgage on the same property, which, if presented 
for record but five minutes before the first, would take precedence. 



State Governments: The County. 57 

3. The Sheriff. — The principal officer of the English county or shire was 
called a shire-reeve or sheriff. Thus the chief executive officer of our county is 
called Sheriff, and his office is an important one. He is the constable of the 
county, and is assisted in his work by deputies. He attends the courts, where 
he keeps order, and executes all their decrees. He arrests persons charged with 
crime ; is responsible for the safe keeping of all prisoners ; and has the care of 
the county jail. The jailer is usually named by him, and is often one of his 
deputies. The sheriff must preserve the public peace, and may at any time 
summon the inhabitants to assist him in so doing ; and, if necessary, he may, 
through the Governor and President, call to his aid the armed forces of the State 
and Nation. If any persons break the public peace, he may force them to give 
bonds for orderly behavior and appearance at the next county court. If they 
refuse to do so, he may commit them to jail. 

4. Coroners. — Each county has one or more coroners, whose chief duty is to 
investigate cases of sudden, mysterious or violent death, or death in prison. 
When such a death occurs, a coroner is informed of the fact as soon as possible. 
He summons a jury from among the bystanders, subpoenas witnesses, and care- 
fully examines into all facts concerning the death. The jury renders its written 
opinions or verdict as to the cause and manner of death. This entire proceed- 
ing is called a coroner's inquest. The coroner need know nothing of medicine, 
though i^hysicians are usually selected for that office. Massachusetts has abol- 
ished the office of coroner, and entrusted all such investigations to physicians in 
general. 

5. The District Attorney. — This official is a lawyer who acts as attorney 
for the county. He attends all the criminal courts of the county, and conducts 
the prosecution of persons charged with crime. Although his jurisdiction 
extends only over the county, he is in one sense a State official, since all crimes 
are considered as committed against the State. In prosecuting a criminal, 
therefore, he is acting as agent of the State, and is often called prosecuti?iff 
attorney or State's attorney. He conducts suits for the county whenever it is a 
party to civil actions, and also gives legal advice to county officers when asked 
to do so. 

6. Treasurer and Auditor. — Each county has a Treasurer, who receives 
and pays out its moneys according to the law. In some States there is an Audi- 
tor, who examines and adjusts all the accounts of the county. Where there is no 
auditor, the treasurer performs the duties of that office in addition to his own. 
Both these officers are required to give bonds, as are all officers entrusted with 
the liandling or care of public moneys and other public property. 

7. Superintendents of the Poor. — These officers have general charge of 
the county poor-house. They appoint persons to take care of this institution, 
and they render account to the board of county commissioners or the board of 
supervisors of all matters pertaining to the care of the poor. 

8. Judicial Officers. — There are also county judges, and justices of sessions, 
whose duties are confined to court matters. These duties will be given under 
the Judicial DEPARTMEi^T of the State. 



58 Government Under the Constitution. 

9. Other Officers. — In States where the township does not exist, and in 
States where it is of small importance, there are county assessors and collectors 
of taxes. There are sometimes county surveyors and superinte7ide7its or commis- 
sioners of schools. 

CITY AKD VIIvIvAGK. 

I. Reasons for Incorporation. Whenever a particular portion of a 
town becomes thickly populated, it requires a different government from the rest 
of the town. The houses are so close together that the danger of fire becomes 
greater, and a fire department is needed ; while side-walks and lights are neces- 
sary for the convenience of the many people passing along the streets. In cities, 
where the population is still larger and denser than in the villages, additional 
regulations are necessary, as police, paved streets, water supply, drainage, etc. 
Since the town government has no jurisdiction in regard to such matters, these 
thickly-peopled sections are organized under authority from the State into 
separate corporations, with the power to regulate their local affairs. 

II. How Incorporated. The first move in the matter of incorporation 
is made by the people themselves. Whenever a majority of the inhabitants of a 
given locality become convinced that a different government is needed, they 
petition the Legislature of their State for incorporation as a village or city, 
according as the population is greater or less. The Legislature then grants 
them a charter. This is a written instrument giving certain powers and priv- 
ileges to the corporation ; it also describes the boundaries of the village or city, 
and names the officers it shall have, together with their powers and duties. 

In some States the Legislature is required by the State constitution to pass a 
general law providing a way in which any place may become an incorporated 
village by the action of its people, without a special law or charter. 

Incorporated cities are common to the whole United States ; incorporated vil- 
lages are found only in certain States. In Connecticut and Pennsylvania an 
incorporated village is called a iorough. The name village is often applied to a 
small unincorporated community where the houses are near together. 

III. City Officers. 

1. Mayor. — The mayor is the chief executive officer of the city, and occupies 
an important position. His duties are many and varied. Among others, he 
sees that the laws of the city are properly enforced, and has oversight of all 
subordinate officers. He usually has the power to veto ordinances passed by the 
city legislature. 

2. Aldermen. — A city is divided into sections of a size convenient for admin- 
istering the city government. These divisions are called wards. Ordinarily in 
each ward two aldermen are chosen, though in some cases there are more, and 
in others but one. Occasionally two or more wards together have but one alder- 
man. These officers have charge of the affairs of their particular sections, and 
rank next to the mayor in authority. 

3. City Council. — The mayor and aldermen together constitute the city 
council. In some instances this council is divided into two branches, a comm,on 



State Goverxments: The County, 



59 



council, whose members are chosen each year, and a select council, whose mem- 
hers are chosen for a longer term. This council has legislative power, and may 
pass such laws for the city as seem advisable. These laws are called ordinances. 
The city, however, is not governed alone by the laws of its council ; it is subject 
to State legislation the same as all other portions of the State. Its laws are 
sim2:>ly of a local nature, and must not conflict with the laws of the State or 
Kation. 

4. Other Officers. — In addition to the officers already mentioned, there are 
numerous others of less importance : a hoard of education, a city clerk, asses- 
sors and collectors of taxes, constables, auditor and treasurer, overseers of i^oor, 
superintendent of streets, engineers of fire departments, inspectors of election, 
police officers, etc. The duties of these officers are similar to those of corre- 
sj^onding officers of town and county. 

IT. Tillage Officers, in some States the chief executive officer of a 
village is (^i\}X^^ president, and in others mayor. A board of trustees or directors 
exercises powers similar to those of the board of aldermen in a city. The pres- 
ident is usually chosen by the trustees from among their number. 

In some States the name of town is applied to incorporated villages, and some- 
times the board of trustees is called the council. 



Lbssox Revib^^t. 



1. What is said of the origin of the 
county ? 

2. What is a county scat ? 

3. How are county officers chosen, and 
for what terms ? 

4. What is said of the board of county 
commissioners ? 

5. What other board, in some States, 
takes its place ? 

6. Which board serves in the counties 
of this State ? 

7. What are the duties of these boards? 

8. Give all concerning the county clerk 
and recorder. 

9. WTiat officers do the work of record- 
ing in this State ? 

10. What importance is attached to the 
time of presenting instmment^j to be re- 
corded ? 

11. Who is the chief executive officer of 
a comity ? 

12. What are his duties ? 

13. Who is the sheriff of this county, 
how is he chosen, and for what term ? 

14. "^Tiat are the duties of coroners ? 



15. What State has abolished this office? 

16. What is said of the district attorney? 

17. Has this county such an attorney ? 

18. What officers attend to the money 
matters of the county ? 

19. Has this county such officers ? 

20. What duties have superintendents 
of the poor? 

21. ?^ame the county judicial officers. 

22. What other county officers are 
there ? 

23. Xame all the officers of this county. 

24. Why are cities and villages incorj^o- 
rated ? 

25. How are they incorporated ? 

26. Where are incorporated villages and 
cities found ? 

27. What is a borough ? 

28. Name and give the duties of the 
chief executive officer of a city. 

29. What is said of aldermen ? 

30. What is said of the city council and 
its laws ? 

31. What are the other city officers ? 

32. Who are the village officers ? 



60 Government Under the Constitution, 



KimrEENTH Lesson. 



I. How Composed. Experience lias shown that two bodies of men dispose 
of a question more wisely than one. It is certain that more time is taken in 
discussing it, and more care used in passing judgment upon it. Consequently 
there is less danger of mistake and fraud. For this reason all the State Legis- 
latures are composed of two houses — a Senate and a House of Representatives. 
These are often called the dipper and the lower house. In some States the lower 
house is called the assembly, and as a rule both houses together are styled the 
general assemUy. 

II. Its Character. Both houses of the Legislature are representative 
bodies, the members being elected directly by the people. The House of Rep- 
resentatives is a much larger body than the Senate. It numbers generally from 
one hundred to two hundred members in the different States. The Senate is 
supposed to be a more select body. Its members represent larger districts, and 
are chosen by reason of their superior ability and experience in affairs of govern- 
ment. Their number is usually from twenty-five to fifty. 

III. Qualifications of Members. Formerly a great variety of restric- 
tions existed in the several States concerning eligibility to the office of senator 
or representative. Many States required the possession of a certain amount of 
property ; some prohibited clergymen and teachers from becoming members ; 
and still others required superior ability and learning. Even now there is a pro- 
vision in the constitution of Kentucky to the effect that "no clergyman, priest 
or teacher shall be eligible to the general assembly." A fev/ other States also 
prohibit clergymen from becoming members. But of late years the tendency 
has been to remove as many restrictions as possible, and the few remaining relate 
almost wholly to age and residence. Of course it is always necessary for a per- 
son to be a qualified voter in order to be eligible to a seat in the Legislature. 
Certain States require a member to have greater age and longer residence than 
are required of a voter; and in some States the age and term of residence of a, 
senator must be greater than that of a representative. 

IT. Terms of Office. With few exceptions, the term of office of the 
senator differs from that of the representative, being usually double the length. 
The rule is four and two years respectively. These terms are never longer, but 
sometimes shorter. For instance, in some States the senator's term is one year, 
in others two years, and in still others three years; while sometimes, especially 
in the eastern States, representatives are elected annually. 



State Governments: The Legislative Department. 61 

In the lower house the terms of the members all end at the same time. The 
upper house, when the term of its members exceeds one year, is usually divided 
into classes; two classes if the term of office is two years, three classes if three 
years, and four classes if four years. The members of one class go out of office 
one year, of another class the next year, and so on. To illustrate this, suppose 
a State is divided into forty-five districts, each district electing one senator whose 
term of office is three years. In 1890 fifteen districts would elect senators, in 
1891 fifteen of the remaining districts, and in 1892 the last fifteen districts. 
In 1893 the first fifteen districts would again elect members, the others having 
served since 1890, or a term of three years. 

y . Salary of Members. Each senator and representative is paid a salary 
fixed by the law of the State. 

YI. Apportionment. Some States are divided into districts, in each of 
which a senator is elected; and into smaller districts, each of which is entitled 
to one representative. Other States do not make a separate division for this 
purpose, but simply elect members of both houses by counties. This work of 
dividing a State and assigning members to the different portions is called appor- 
tionment. 

Both of these methods of apportionment aim at the one object — equal repre- 
sentation; that is, giving a member to the same number of inhabitants through- 
out the State. AYhere the members are apportioned among the counties, each 
county has such a part of the whole number of members of each house as its 
population is a part of the whole population of the State. If a State Legislature 
consisted of forty senators and one hundred and sixty representatives, and a 
certain county of that State contained one fortieth part of the whole population 
of the State, that county would elect one senator and four representatives. 
Where the State is divided into special districts, all the senatorial districts con- 
tain, as nearly as may be, the same number of inhabitants ; and all the represen- 
tative districts are substantially equal in population. Sometimes two or more 
counties are united in forming senatorial districts, and sometimes counties are 
divided in forming representative districts. In the New England States, repre- 
sentatives are apportioned among the towns. 

YII. The Census, if the population of a state always remained the same 
or increased at the same rate throughout the State, where a division into dis- 
tricts has once been effected, it would be a permanent one. But this is not the 
case. In some States the population increases rapidly in certain sections, while 
remaining the same, or even diminishing, in other localities. This is especially 
true in the Western States, where large cities grow up in a few years. After a 
time, then, the representation becomes very unequal. In order to remedy this, 
each constitution provides that a State census be taken at stated intervals — in 
other words, that the inhabitants be numbered — and that after each census a 
new apportionment of members of both houses be made among the counties, or 
the State divided anew into districts. 



62 Government Under the Constitution. 

In some States the census is taken eyery ten years, and in others oftener, while 
some deioend entirely upon the United States census, which is taken every ten 
years. 

Till. Meeting of the Legislature. The regular meetings of the 

Legislature take place either annually or biennially. Public opinion of late 
years seems to favor the latter method. States that have tried biennial sessions 
claim that the Legislature attends to all the real needs of the people as well by 
meeting once in two years as annually. And, moreover, if any extraordinary 
circumstance demands attention in the meantime, the governor has power to call 
an extra session. In States which have annnal sessions, it is said that the Legis- 
latures, if they cannot find enough to do, know how to make something to do ; 
and laws that are unnecessary must be harmful. Too much legislation may 
be worse than none. 

Some constitutions limit the length of the sessions to forty, forty-five, sixty, 
ninety days, etc. In all such cases the established time may be exceeded, but 
only by a vote of a large majority. The constitution of !N"ebraska tried a 
remedy for too long sessions. It did not limit the time, but provided that mem- 
bers should not be paid for more than forty days. Some States pay an annual 
salary, and this method always has a tendency to shorten sessions. 

IX. Place of Meeting. The Legislature of each State meets at one 
particular place, fixed by the law of that State. This is called the Capital, 
since the city containing the seat of government must always be the chief city 
of the State, even though not the largest. Here is located the State-house, or 
as it called in some States, the Capitol. The Legislature holds its sessions in 
this building. The chief State officers have their offices in the Capital City. 

X. Attendance of 3IeMBERS. All of the States especially provide against 
injury or interr-uption to the business of the Legislature. Xo member can be 
kept from attendance upon the sessions, or hindered in going to or coming from 
these sessions, by any prosecution at law, unless for crimes and misdemeanors. 
Each house may compel the attendance of absent members. The power to 
punish and expel members, and to punish officers and other persons who are 
disorderly in conduct, is also given each house. 

XI. Quorum. Each constitution expressly states what part of the members 
must be present in order to proceed with business. This number is called a 
quorum. In most States a majority of all elected is sufficient for a quorum. A 
few States require a greater number, as two-thirds or three-fifths. 

XII. TacaNCY. Sometimes a seat in the Legislature becomes vacant, either 
by the death, resignation or removal of a member. In such case the vacancy is 
filled by the election of another person, either at a special election called for that- 
purpose, or at the next general election, or in whatever way the law of the State 
requires. But the member thus chosen to fill the vacancy, holds his office only 
till the expiration of the term of him in whose place he is acting. 



State Governments: The Legislative Department. 



63 



XIII. Power of the Legislature. The IS'ational Constitution, Con- 
gress, and the State Constitution are all superior in authority to the State Leg- 
islature ; therefore no laws can be passed by the State Legislature that in any 
way conflict with these three powers. But as the National Constitution and 
Congress have jurisdiction only in those matters which affect the Nation at 
large, and as the State Constitutions, in general, only prohibit the Legislatures 
from making oppressive laws, or laws that would in any way endanger the rights 
of the people, it will be seen that in all local matters the State Legislature has 
extensive powers. 

XI Y. Public Proceedings, a man who employs a carpenter to build a 
house for him has the unquestionable right to inspect the work as it progresses. 
A person who employs an agent to buy or sell goods for him has the same 
right to look into the transactions of his agent. The people, who choose rep- 
resentatives to make the laws that govern them, certainly possess the right to 
know what their employees are doing. Therefore the constitutions j^rovide that 
all business of the Legislature shall be open to the public. Only on rare occa- 
sions, when the good of the public demands secrecy, can the doors be closed 
against spectators. Each house is also. required to keep and publish a journal 
of its proceedings. 

IvKBSOiM RKVIK^^. 



1. Why are there two houses in each 
State Legislature ? 

2. By what names are they called ? 

3. "What names are apx^hed to the State 
Legislature and its branches in this State ? 

4. What is the character of the State 
Legislatures? 

5. What is said in regard to former 
qualifications of members ? 

6. What of present qualifications ? 

7. What quahfications are required of 
members in this State ? 

8. What is said of the length of theh 
terms of office ? 

9. What are their terms of office in 
this State ? 

10. T\^at is the rule as to the time when 
their terms of office end ? 

11. Give illustration of the division of 
the senate into classes? 

12. Into how many classes is the Senate 
of this State divided ? 

13. How are members paid ? 

14. What are members paid in this State? 

15. What is apportlomnentf 

16. How is the work of ax^portionment 
done? 



17. How many senatorial districts are 
there in this State ? 

18. How many rei^resentative or assem- 
bly districts? 

19. In which of these districts do you 
reside ? 

20. Why and when is a State census 
taken ? 

21. Why and how often do Legislatures 
meet ? 

22. How often does the Legislature of 
this State meet? 

23. What is said of biennial sessions ? 

24. How is the length of sessions hm- 
ited? 

25. What is said of the j^lace of meeting? 

26. What are the laws concerning the 
attendance of members ? 

27. What is said of a quorum? 

28. What number constitutes a quorum 
in the Legislature of this State ? 

29. How are vacancies filled ? How in 
this State? 

30. What power has the Legislature ? 

31. Why are the legislative proceedings 
made public, and how ? 



6Ji. Government Under the Constitution. 



Sixteenth Lesson. 



I^BGISIvATlVE DKPARXIVIENT, Continuied. 

I. Organization. Each house assembles in its own particular chamber, 
and the oath of office is administered to the members. Officers are then 
appointed and the right of members to their seats is determined, each house 
having the sole power to decide who has been elected to it. 

II. Officers. 

1. Presiding Officer. — This is the first officer chosen, and he is selected 
from among the members. He is usually called speaker. In States which have 
a lieutenant governor, that officer presides in the senate, and is called president 
of the senate. 

In case the presiding officer is absent, a temporary speaker or president is 
chosen, who is called speaker or president pro tempore. This is a Latin phrase, 
meaning for the time, and is commonly abbreviated pro tern. 

The duty of the presiding officer is to see that the business of the house is con- 
ducted according to established rules, and that order is preserved. Like the 
chairman of an ordinary public meeting, he puts questions to vote, and then 
declares them carried or lost. 

2. Other Officers. — The other officers of each house are not chosen from 
among its members. There is a clerk, who keeps a journal of proceedings and 
has charge of all other papers ; a sergeant at arms, whose duty it is to arrest 
members and other persons guilty of disorderly conduct, to compel the attend- 
ance of absent members, and to attend to all business of a like nature. There 
are also one or more door -keepers. 

III. How Laws are Made. The State constitutions do not prescribe 
rules of procedure for the work of passing laws ; but each Legislature establishes 
certain customs, from which it seldom departs. Sometimes, however, in cases 
of exigency, a law is passed without following any of the customary regulations. 

1. Introduction of Measures. — When the two houses are organized and 
ready for business, a message from the governor is read to each by its clerk. 
This message contains a report of the condition of the State, and recommends 
the enactment of such laws as the governor deems advisable. But the measures 
recommended in this message are but a small part of the number which come 
within the action of the Legislature. Many are introduced by individual mem- 
bers, and others are in the form of petitions from the people of different parts 
of the State. 



State Governments: The Legislative Department. 65 

Measures may be introduced in both houses in exactly the same way. A few- 
States have granted to the lower house the privilege of originating all money 
l)ills. But as both houses directly represent the people, there seems to be no 
ground for distinguishing between their powers, and all such differences are fast 
disappearing. 

A large number of State constitutions provide that every law shall contain but 
•one subject. This prevents a certain amount of dishonest legislation. In States 
where this provision does not exist, many objectionable measures are carried by 
being attached as side issues to some important central measure, while, had they 
been introduced separately, they could not have been passed. 

2. Work of Committees. — There are so many different matters to be 
acted upon at every session of a Legislature, that it is impossible for the whole 
house to discuss each one separately with the care it demands. Committees are 
therefore appointed at the beginning of each session, consisting of from three to 
seven members, each committee having charge of some particular subject. 
There is a committee on railroads, on education, on banking, on insurance, on 
finance or the money matters of the State, and so many other subjects that every 
member of each house is on one aud often several of them. These committees are 
called standing committees, because they continue throughout the entire session. 

Upon the introduction of a measure to either house, it is at once referred to 
the proper committee. In case it should not come within the province of any 
standing committee, a special or select committee is appointed for this one 
occasion. 

These committees meet in private rooms, at hours when the houses are not in 
session, and consider the subjects submitted to them. Any person wishing to be 
heard in regard to a measure, may come before the committee having it in charge, 
and there make his statements. Finally the committee reports to the house the 
result of its investigations and deliberations. If the report is unfavorable the 
measure seldom receives farther notice. If a committee decides favorably upon 
a measure, its members draft the same in the form of a law, provided the 
measure had not been introduced in that form, and present it to the house, 
with a recommend for its passage. This draft or form of a law is called a hill. 

3. Three Readings. — Some Stai^ constitutions wisely provide that a bill 
must be read three times loudly and distinctly and word for word before it can 
<iome to the final vote. In other States the first and second readings consist of 
merely reading the title or enacting clause, while the third time the clerk really 
reads the bill, unless it is a long one. As a matter of fact, however, many bills 
are passed when those voting have little or no idea of their contents. After the 
first and second readings, the bill is usually debated, and if the house so decides 
by vote, amendments are made. 

4. Passage of Bills. — In most States the vote of a majority of the members 
present will pass a bill, but in others a majority of all those elected is necessary. 
This latter method makes the passage of good laws difficult, as well as the pas- 
sage of bad laws ; but it is thought that the benefit arising from the latter fact 

5 



66 Government Under the Constitution. 

overbalances the disadyantage of the former. When a mere majority of those- 
present is all that is required, unprincipled members take advantage of the times 
when a bare quorum is present to pass laws that would not be approved by a, 
majority of the whole. 

When the time for taking the final vote arrives, the speaker puts the question 
to the house. The presiding officer himself votes, except in the senate of States 
which have a lieutenant governor presiding. In that case he has no vote except 
in instances of a tie, when he votes to decide the question. His vote is then 
called the casting vote. In other cases of a tie, the bill is lost. 

Many of the constitutions require that in all cases of voting a roll-call must be 
had. Each member voting viva voce, by word of mouth, as his name is called. 
This brings each individual member under the control of public opinion. 

When a bill has passed one house, it is sent to the other, where it is acted. 
upon in exactly the same way as in the first house. After it has been voted 
upon, it is returned to the house in which it originated. Sometimes, in the 
second house, the bill is amended ; in which case the first house must agree tO' 
the amendment, or the second must withdraw it, or it must be modified until 
both houses approve it. 

5. Governor's Teto. — As it is possible for both houses to assent to an 
unwise measure, a great many States have raised an additional safeguard against 
the passage of bad laws. They require the assent of the governor to bills that 
have passed both houses before they can become laws. The governor indicates 
his approval by signing his name to the bill after it has passed both houses, upon 
which it becomes a law. If he disapproves a bill, he returns it unsigned to the 
house in which it originated, stating his objections to it. This refusal to sign 
is called a veto, which is a Latin word signifying I forbid. 

A governor's veto, however, does not necessarily prevent the passage of a law. 
After his veto the bill may again be put to vote in the Legislature ; and if it 
receives the required majority in both houses, it becomes a law without the gov- 
ernors approval. The majority thus required is always greater than when the 
bill first passes the Legislature. Usually a two-thirds vote is required, and this. 
may be either two-thirds of those present or two-thirds of the whole number 
elected. 

6. When Laws take Effect. — A law goes into operation the moment the 
last act is done, unless a different provision is made. It requires some time for 
all the people whom a law concerns to hear of it, and some of these joeople might 
violate it in the meantime ; therefore a constitution or the law itself usually 
provides that such law shall not take effect until a certain time after its passage. 

IT. Advantages of State Legislation. The advantage of state- 

legislation is two-fold. The people of each State are benefitted by having their 
local laws made at home, by men who understand what is needed for that 
particular section ; while the people of the whole United States profit by having- 
so many small matters taken out^of the hands of Congress, and leaving to that 
body time for the greater affairsjipr the Nation. 



State Governments: The Legislative Department. 



61 



Lesson Rkvie^st. 



1. How does the Legislature organize ? 

2. Who is the chief officer of each 
house ? 

3. When the presiding officer is absent, 
what is done ? 

4. What are the presiding officers's du- 
ties? 

5. What is said as to rules for passing 
laws? 

6. How are measures introduced, and 
where ? 

7. Do laws contain many subjects ? 

8. When and why are committees ap- 
pointed ? 

9. What are standing committees, and 
how many are there ? 

10. What committee work follows the 
introduction of a measure? 



11. What is a bill? 

12. What are the rules as to reading 
bills ? 

13. What vote is necessary to pass bills? 

14. Wliat is the law in this State ? 

15. How is the final vote taken ? 

16. What is the method used in the 
legislature of this State ? 

17. When a bill passes one house, what 
follows ? 

18. What is the governor's veto ? 

19. Is a governor's veto final ? 

20. Has the governor of this State such 
power ? 

21. When do laws take effect ? 

22. What are the advantages of State 
legislation ? 



63 Government Under the Constitution, 



Seventeenth Lesson. 



I. The GrOVERNOR. The governor is at the head of the executive depart- 
ment, and has the highest duties of the State to perform. 

1. Qualifications. — A person, to be eligible to the office of governor, must be 
above a certain age ; must hold the right of franchise ; and must have been for 
a certain length of time a citizen of the United States, and, for a term of years 
next preceding his election, a resident of the State. A very few States require 
the ownership of a certain amount of property. The number of years' residence 
required in the State and the United States differs greatly in the different States. 
The age of the person also varies, but usually it must be thirty years or more. 

2. Electiou and Term of Office. — The people vote directly for governor. 
His term of office varies from one to four years in the several States. In case 
the elections result in no choice, as may well happen in States which require a 
majority to elect, the Legislature elects one of the two candidates receiving the 
highest number of votes. The right of re-election is unlimited in most of the 
States. 

3. Powers. — Nearly all the powers and duties of the governor are executive. 
His first and chief duty is to see that the laws of the State are properly executed. 
He represents the State in its dealings with other States. He sends messages to 
the Legislature, and may call special sessions when some extraordinary circum- 
stance demands immediate attention. He is commander-in-chief of the militia 
when they are not employed in the service of the Nation, and can call them out 
in times of insurrection. He has the authority to demand at any time, from the 
different executive officers, information in regard to all matters in their respec- 
tive departments. 

The governor has no direct legislative power, except in most States the right 
of veto. He may influence legislation by the measures suggested in his mes- 
sages, but he cannot make a formal proposal of a law. 

His judicial powers are few. He may grant pardons and reprieves, but as a 
rule this power is greatly limited. In cases of impeachment, and in some States 
of treason, he has no power to interfere with the decision of the courts. Ordi- 
narily he can exercise this right only with the approval of other high officials ; 
and more often he is required to give the Legislature his exact reasojns for using 
the power. He may also commute a sentence ; that is, he may substitute for one 
punishment another less severe, as when he changes a death sentence to impris- 
onment for life or a term of years. 



State Governments: Executive Department, 69 

He also possesses the power of appointment, but it varies greatly in the several 
States. In a few he appoints all the higher executive and judicial officers, as 
the secretary of state, the attorney-general and the court judges. Usually, 
however, all the higher officers are elected by the people, while the governor 
only appoints some minor officials, such as notaries. He often fills by appoint- 
ment, until an election can be held, vacancies that occur in executive and judi- 
cial offices through death, removal or resignation. He has numerous other 
duties. 

4. "Vacancy in Office. — If the office of governor becomes vacant at any 
time during the term,- the lieutenant-governor, when there is one, fills the 
vacancy for the remainder of that term. After him the president of the senate, 
and then the speaker of the lower house, act as governor. When there is no 
lieutenant-governor, the president of the senate generally comes first, though 
sometimes the secretary of state takes precedence in the succession. 

II. The Council, in a very few states there is a body of advisers to the 
governor, called a council. This council is elected by the people, and many 
times its consent is necessary to certain official acts of the governor. 

III. The Lieutenant-Governor. The duties of the lieutenant-governor 
are always few. The most important one is presiding in the senate. This office 
seems to exist chiefly for the purpose of providing a suitable person to succeed 
the governor in case of the latter's death, resignation or removal. In many of 
the States there is no such officer. 

IV. The Secretary of State, a prominent foreign writer, in speaking 
of this official, says that, in spite of his high-sounding title, he is simply chief 
clerk and keeper of the State seal. He has charge of all the State records and 
other papers. He must keep a written record of the proceedings of the Legis- 
lature and of the executive departments. He is sometimes appointed by the 
governor, sometimes by the Legislature, and otherwise elected by the people, 
as is the case with all the following officers. 

V. The Comptroller or Auditor. The money matters of the state 

are all managed by this official. Claims against the State are examined and 
settled by him ; he oversees the collection of State moneys ; and at his order the 
State treasurer pays out necessary funds. He is required to give bonds. 

VI. The Treasurer. The treasurer has charge of the State moneys, and 
keeps account of all sums received and paid out. He also must give bonds. 

VII. The AttORNEY-GtENERAL. A lawyer who is chosen to have charge 
of the legal matters of the State is called attorney -general. He acts as adviser 
and instructor to the Legislature and executive officers, concerning matters of 
law upon which they consult him. He conducts law suits in which the State is 
a party, as prosecuting persons indebted to the State, and causing persons 
charged with certain crimes to be brought to trial. 



w 



Government Under the Constitution. 



YIII. Other Officers. In some States there is a survey or-general, who 
superintends the surveys of State lands and keeps in his office maps of the State 
and its divisions ; a superiiiteiident of puUic instruction or superintendent of 
schools, who has oversight of the public schools of the State ; a State printer, who 
prints the laws and State papers ; and a State librarian, who has charge of the 
State library. There are still other officers in most of the States. 



IX. Salaries. 

of the State. 



The executive officers all receive salaries fixed by the laws 



IvKSSON RKVIB^ST. 



1. Who is the highest executive officer 
of the State ? 

2. Who is now governor of this State ? 

3. What are the quahfications of gov- 
ernor ? 

4. What qualifications are required in 
this State? 

5. How is the governor chosen and for 
how long ? 

6. What vote is necessary to elect the 
governor of this State ? 

7. What is his term of office ? 

8. What are the executive duties of the 
governor ? 

9. What the legislative duties ? 

10. What are his judicial j)owers ? 

11. What are they in this State ? 

12. What is said of the governor's power 
of appointment ? 

13. What i30wers of this kind has he in 
this State? 



14. What is done in case of vacancy in 
this office? 

15. What is the law in this State ? 

16. Wliat is the council, and is there one 
in this State ? 

17. Has this State a lieutenant-gov- 
ernor? 

18. What are his duties ? 

19. What is said of the secretary of 
state? 

20. Give the duties of the auditor. 

21. Of the treasurer. 

22. Who is the attorney-general, and 
what are his duties ? 

23. What other officers are there ? 

24. What officers among all that have 
been mentioned has this State? 

25. Are there others in this State ? 

26. How are executive officers i3aid ? 

27. What salary does the governor of 
this State receive ? 



State Governments: Judicial Department, 71 



Eighteenth IvEsson, 



I. Ancient Courts of Justice. Governments may neglect the welfare 
of their subjects, and in themselves be despotic to the highest degree; but there 
is one thing which every government must do in order to exist — it must admin- 
ister justice between man and man, by punishing the wrong-doer, and protecting 
the life and property of each subject from the violence of others. Where this is 
not done, and each individual is left to follow his own will, to protect his own 
rights, and avenge his own wrongs, there is no government; there is anarchy. 

Many centuries ago the Germans, in their township meetings, administered 
justice by settling the disputes of neighbors, and punishing wrong-doers. After 
a time they formed a larger and more general government, by uniting several 
townships. This government was called the hundred, probably because the 
united villages together furnished a hundred warriors to the host that went 
forth to the wars of the country. In every hundred a court of justice was estab- 
lished, to which each of the townships comprising it sent representatives. In 
this court more important cases of dispute were settled than at the township 
meetings. 

As we have seen, the Saxons carried their methods of government with them 
into England. To the hundred court there came a reeve and four best men 
from each township, together with twelve knights from the hundred. 

In course of time the whole kingdom was divided into shires or counties, each 
■comprising several hundreds; and a county court was established in each county 
after the model of the hundred court. To these higher courts the more impor- 
tant cases were taken, which could not be decided in the courts of the hundred. 

In all these ancient courts the whole body of citizens who attended had part 
in the decisions. But in very early times, special duties began to be assig-ned to 
.special officers; and many of the offices thus created have come down to us 
through repeated modifications. Sheriffs, justices of the peace, constables and 
-coroners fill these offices to-day, as then. 

But, as the power of the kings increased in the realm, gradually these courts 
•of the people died out or were greatly changed, until justice came to be almost 
wholly administered by the high courts of the king and his council and judges 
appointed by him. 

The system of administering justice which had through centuries been devel- 
oped in England was brought to this country by the English colonists; but they 
left behind them the customs of tyranny, and introduced only those which were 
J^est fitted to preserve the rights and liberties of the people. 



'J12 Government Under the Constitution. 

II. Juries. 

1. Their Origin and DeTelopment. — Trial by jury is of such great antiq- 
uity that its origin is not clearly known. Some say that it originated in Greece, 
where was held the first trial by jury of twelve men. Others think that it was 
in use among the ancient inhabitants of England, the Britons. But it is more 
generally believed that it had its origin in the practices of the Saxons, and that, 
the English system results from a union of Saxon and Norman customs. 

In those early town meetings of the Saxons, a rule existed of allowing an 
accused person to produce twelve witnesses, who with joined hands made oath 
to the truth of his statements. These witnesses were called compurgators or 
oath-makers. Also one of the Saxon kings of England had twelve men selected 
from each hundred, whose duty it was to present for trial in court all persons, 
suspected of crime in that hundred. 

After the Norman kings came to rule over England, they adopted a custom 
of appointing twelve men to give under oath information to the king concerning 
the people and property of their neighborhood. In course of time any dispute 
over the ownership of an estate was left to the decision of twelve men selected 
from the vicinity of the estate under dispute. If the first twelve could not agree,, 
others were added, until twelve men could be found who would make oath to tne 
same thing. 

Finally it came to be the custom to regularly summon twelve men from the 
hundred, and four from each township, who should present accused persons to 
the courts for trial. This body came to be known as the grand jury ^ to distin- 
guish it from another and smaller jury of twelve men, called the petit jury. 
This latter jury was selected from the vicinity of the accused person, and, from, 
their personal knowledge of the facts, either affirmed or denied the charges against 
him, thus deciding the case. 

But in all these early juries the jurymen were themselves witnesses. They 
were chosen because of their personal knowledge of the cases, and their decisions 
were based upon that knowledge. Gradually, however, the system was modified. 
Special witnesses were summoned, who at first joined with the jury in giving the 
verdict, and afterward only gave information to them. Testimony was presented 
in open court, and witnesses were examined and cross-examined ; judges 
instructed the jury; and attorneys argued the cases before them. And after 
many years still, jurymen were prohibited from being witnesses, and cases were 
decided entirely upon evidence presented in court. 

2. Their Importance. — When a government or its officers have the power of 
accusing anyone of whatever crime they will, and at their pleasure bringing him 
to secret trial before prejudiced persons, who pronounce sentence according to the 
wish of the accuser, personal liberty becomes impossible. Therefore is the right, 
of trial by jury, of trial by an unprejudiced body of one's equals, one of the most 
important rights a free people can have. In England, when the crown had 
usurped most of the ancient rights of the people, the Archbishop of Canterbury, 
together with some of the powerful barons of the realm, forced King John, at. 
Kunnymede, to sign that famous charter of rights, called Magna Charta, by 



State Governments: Judicial Department. 78 

which the old rights and customs of the people were restored to them. Promi- 
nent among these was the right of trial by jury. Only in England and in govern- 
ments founded by Englishmen has this system been fully developed and preserved. 
With the English it came into America, where it has always been most jealously 
guarded by the people of the United States. The National Constitution in 
various provisions, and also the State constitutions, secure this right to the 
peojDle. 

3. Juries of this Country. — We have in this country the two juries, grand 
and 2^eiii' '-C'he one decides whether the evidence against an accused person is 
sufficient to warrant his trial; and the other, upon trial, decides whether the 
person is guilty or innocent of the crime charged against him; or, in cases not 
criminal, whether the one or the other side is in the right. 

4. The Grand Jury. — It may often happen that persons are spitefully and 
maliciously accused of crimes which they have never committed. It would be 
cruelty to subject innocent persons to the hardships of a trial, and it would also 
waste the time of the courts and incur uncalled-for expenses. The grand jury 
is a safeguard against this evil. 

This jury is in number not less than twelve nor more than twenty-three, and 
is summoned in every county several times during the year, to inquire into 
the crimes committed in that county. Usually State constitutions provide that 
no person can be tried for a criminal offence, except a petty one, unless upon 
indictment or presentment by a grand jury. Some one, generally the prosecut- 
ing attorney, brings before the grand jury a hill of indictment, which is a written 
accusation against some person, charging him with a crime. The jury then 
summon the witnesses, none in favor of the accused being here allowed, and the 
examination is conducted in secret. If twelve of the jurors vote that there is 
sufficient evidence of guilt to warrant a trial, the foreman of the jury writes across 
the bill of indictment '^a true bill," and sends it to the court; if, on the con- 
trary, the evidence is insufficient, he writes ^'not a true bill" or ^^not found, '^ 
and there is an end of the matter. 

Sometimes a grand jury, from their own knowledge or observation, charge a 
l^arty with an offence. This is called a presentment. But the prosecuting officer 
must afterward frame a bill of indictment before the accused party can be 
brought to trial. 

5. The Petit Jury. — This is the trial jury. In all the higher courts it 
consists of twelve men, and in justices' courts of six. At every term of court, 
petit jurors are summoned to serve during that term, which usually lasts one or 
two weeks. They listen to the testimony on both sides of a case, and then ren- 
der a decision; but the members of a trial jury must unanimously agree before a 
decision can be reached. 

6. Selection of Jurors. — Both juries are drawn by lot by the proper official,, 
and the list of names from which the jurors are selected is made according to the 
State laws, which laws vary in the different States. Generally the authorities of 
every city and town, or sometimes county, put into a box the names of all 



tU Government Under the Constitution. 

persons within such city, town or county as are qualified to serve as jurors by 
the State laws; and names are then drawn from the box. If both grand and 
petit jurors are wanted, usually the first twenty- three drawn are summoned as 
grand jurors, and those that follow as petit jurymen. As a general thing, 
enough petit jurors are drawn to supply two or three juries; for some may be 
prejudiced concerning particular cases, and objections will be made to their serv- 
ing on those trials; while others may not be able to serve, and will be excused 
by the judge. No one is called upon to discharge this duty, which is many 
times very burdensome, oftener than once in a certain number of years, usually 
three, 

7. Duty of Jury Service. — It is difficult to obtain a well qualified jury. 
The duty of a juryman is often tedious and slightly paid; and many men, rather 
than leave their private business, pay a fine, or are excused by the judge for 
trifling reasons. This often leaves the work in the hands of idle, ignorant, and 
unprincipled men, who are glad to serve for the small sum j)aid; and these men 
decide many of the important cases in court. Such juries are easily bribed, and 
no one is sure of justice when they are serving. This has come to be so great 
an evil that many think it would be better to do away with juries entirely, and 
leave cases to be decided by honest judges. The trouble, however, is not with 
the system itself, for the history of all nations proves the jury to be the fairest 
and least corrupt of any system of trial ever used. It is the carelessness and 
neglect of the people themselves that have brought it to its present ill repute. It 
is plainly the duty of the citizen to serve as juror when summoned. 

III. The Writ of Habeas Corpus. 

1. Its Origin. — Magna Charta provided that no person should be imprisoned 

unless by the legal judgment of a jury of his peers. Yet, by the king's warrant, 
persons were still sent to prison and kept there without help. But Parliament 
after a time passed the famous Habeas Corpus Act, which effectually remedied 
this evil. 

2. Definition. — A writ is a written instrument issued by a court, command- 
ing a person to do some particular thmg therein specified. Formerly all the 
writs of England were in Latin and the words liabeas corpus are Latin words, 
signifying '^you may have the body." A writ of habeas corpus is a writ, issued 
by a judge having competent authority, commanding the officer or any other 
person who holds some one named therein in custody, to bring such prisoner in 
person before the court at a certain time and place, with the cause of his imprison- 
ment. 

3. When Used. — It may happen that a person is unlawfully arrested and 
imprisoned for alleged crime, or that some one is locked in a room, or that a 
child is unlawfully kept in custody. In such cases the prisoner, or anyone 
acting for him, may apply for a writ of habeas corpus, and thus obtain a hearing 
before the court, and have the charges against him examined. If the court, upon 
investigation, considers the imprisonment illegal, it demands his discharge; 



State Governments: Judicial Department. 



75 



otherwise he is sent back to prison. This proceeding does not determine whether 
a person accused of crime is guilty or innocent, but simply whether he is legally 
deprived of liberty at the time of inquiry. 

4. Its Importance.— The writ of liabeas corpus is the most famous writ in 
the law, and is considered the greatest security of personal liberty known to our 
institutions. It has been enacted among the laws of every State; and so impor- 
tant is it considered, that State constitutions many times contain provisions 
prohibiting the suspension of its privilege, except in cases of rebellion or inva- 
sion. The absence of such a law in other governments has been, and is now, one 
of the chief sources of despotism. Kings and their ministers and other oflBicials 
can then imprison any man without cause, and keep him in confinement at their 
pleasure. 

LKSSON RKVIE:\^r. 



1. What must governments do in order 
to exist ? 

2. When is there said to be anarchy ? 

3. When and how did the Germans first 
administer justice ? 

4. What Avas the second means used ? 

5. How was the hundred court com- 
posed in England ? 

6. What next higher court was estab- 
hshed ? 

7. What was a characteristic of all these 
courts ? 

8. What offices of the present day origi- 
nated in those early times ? 

9. WTiat happened to the people's 
courts ? 

10. Upon what is our system of admin- 
istering justice founded ? 

11. What is said of the origin of jury 
trial ? 

12. What custom existed in the Saxon 
town meetings ? 

13. What other Saxon custom is given ? 

14. What Norman custom followed ? 

15. Wliat was the first Grand Jury ? 

16. What was the first Petit Jury ? 



17. What was the characteristic of all 
these early juries ? 

18. What modifications followed ? 

19. Why is the right of jury trial impor- 
tant ? 

20. How did the English at one time 
secure the right ? 

21. How do we come to have the jury 
system ? 

22. What is the need of a grand jury ? 

23. What is this jm-y ? 

24. What is an indictment, and how is 
it made ? 

25. What is a presentment ? 

26. Does the grand jury exist in this 
State ? 

27. What is said of the petit jury ? 

28. How are jurors selected ? 

29. How in this State ? 

30. Wliat is said of duty of jury service ? 

31. What is the origin of the writ of 
habeas corpus ? 

32. Give definition ? 

33. When is this writ used ? 

34. What is said of its importance ? 



76 Government Under the Constitution 



Nineteenth Lesson, 



JUDICIAIv DKPARTlVIKNTr, Continued. 

I. Cases at Law. All cases at law are divided into two classes, civil and 
criminal. 

1. Civil Cases. — These are cases in which one person prosecutes another 
for the enforcement or protection of a right, or the redress or j^revention of a 
wrong. If one person sues another for debt, or for damage to property, or for 
slander, the action is civil. 

2. Criminal Cases. — In criminal cases one party to the suit is the State, 
and action is brought in order to punish someone for a criminal offence. Offences 
that imperil life, liberty, health, property and reputation are crimes, and are 
considered as offences against the government, because they endanger the public 
peace and welfare. The higher offences, as murder, arson, burglary, etc., are 
always called crimes; while offences of a much less degree of guilt, although 
really crimes, are called misdemeanors. 

II. The State Courts, a court consists of a judge or judges sitting on 
the bench, for the purpose of administering justice. The courts of the different 
States vary so greatly as to name and powers that it is imj^ossible to give but a 
very general di'scussion of them. 

1. Justice's Court. — This is the court of greatest antiquity in the land. It 
corresponds to the ancient court of the hundred ; and in some States, as Del- 
aware, the name hundred still remains. It is also the humblest court. There 
are usually several Justices of the Peace chosen annually in each town or similar 
division, and each presides in a court of his own, where he hears and decides 
cases at law. In this court are tried civil cases in which the value in dispute is 
small ; in some States it must be less than $50, and in others $100, and still 
others $200 ; also persons are here tried who have committed petty offences. 
Cases may be appealed from this court to higher courts, as far as the law will 
allow. 

2. Circuit Courts. — For judicial convenience every State is divided into 
districts, each usually comprising several counties. In each district a court is 
held, called a circuit or district court ; and in some States it corresponds to the 
superior court. They are called circuit courts because the law usually requires 
the court to be held once or twice a year in each county of the district, and the 
judges thus have to travel from one county to another. 

In these courts the great majority of our trials are held. They have original 
jurisdiction of nearly all classes of cases, both civil and criminal ; which means 



State Governments: Judicial Department. 77 

that such cases may originate or be commenced in these courts. They may also 
hear appeals from lower courts, or, in other words, have appellate jurisdiction in 
such cases. 

3. Probate^ Orphans' or Surrogates' Courts. — These courts settle the 
estates of deceased persons. There is usually one in each county, consisting of 
a single judge. They take proof of wills and empower the executor to act. 
The executor is the person named in the will to carry out its provisions. When 
no will is left, these courts appoint an administrator, who distributes the per- 
sonal property among the heirs, but who has no jurisdiction over the land owned 
by the deceased. These courts have special care of the estates of minors whose 
parents are deceased ; and guardians are appointed by them. They decide dis- 
putes arising over the settlement of estates ; and they have power to remove an 
executor or administrator who is unfaithful in the performance of his duties. 

Cases may be appealed from these courts to the Supreme Court, and some- 
times to the Circuit Courts. 

4. Supreme Court ; Court of Appeals. — The highest court in each State, 
of which there is only one, is usually called the Supreme Court. In some States 
however the highest tribunal is called the Court of- Appeals. This court is pre- 
sided over by a chief justice and associate judges. It seldom has original jurisdic- 
tion; but cases both civil and criminal are appealed to it from the lower courts. 
It interprets the constitution and laws of the State, by deciding how the law 
applies to particular cases ; and the lower courts must follow its decisions. 
The clerk of this court keeps an elaborate record of its proceedings, which are 
published for the benefit of the lower courts and of attorneys. 

5. Court for the Trial of Impeachments. — When a public officer is 
accused of corrupt conduct in office, as bribery, treason, or other offence, then 
it is the duty of the lower house of the State Legislature to examine into the 
case. If they find sufficient evidence to warrant a trial, they impeach him ; that 
is, they make a formal charge against him, which amounts to the same as an 
indictment. The senate then, following the usual proceedings of a court, tries 
the offender. When trying these cases, the senate is called the court for the 
trial of impeachments. The method of impeachment and its trial is fully given 
hereafter in connection with the National Legislature. 

6. Other Courts. — There are also various other courts existing in the dif- 
ferent States. 

1. Police courts are often held by police judges in the cities ; and in the 
large cities there are generally other citj courts. 

2. Courts of sessions and courts of oyer and terminer have jurisdiction in 
criminal cases. 

3. Goimty courts or courts of common pleas are higher than justice's courts, 
and have jurisdiction in civil cases. 

4. Courts of chancery or courts of equity exist in a very few States. They 
have jurisdiction in certain cases in which other courts in the State have not. 



US Government Under the Constitution. 

• III. Elections, Terms and Salaries of Judges. The judges of the 

State courts are either elected by the people or the Legislature, or are appointed 
by the governor with the approval of the State senate. Their terms of office 
vary. In the higher courts they are from two to twenty-one years, though in a 
few States the higher court judges hold office for life or until seventy years of 
age. Their salaries are fixed by law. 

IT. Proceedings in a Civil Case. 

1. Summons. — The court, at the request of the plaintiff, or party bringing 
the suit, issues a writ, which is served upon the defendant, or party defending the 
suit, summoning him to appear in court. He may, instead of appearing in per- 
son, have his attorney or counsel file a notice in the clerk's office. But, in case 
he does neither within a certain time, the plaintiff may take judgment and have 
it executed at once. 

2. Pleadings. — If the defendant appears, either in person or by the action 
of his attorney, the plaintiff then serves or files his written complaint, and the 
defendant serves or files his written jt?Ze« or ansive7\ These papers are called the 
pleadings. The court examines them, and, if the facts set forth in the two 
papers agree, it makes a decision without the form of a trial. Otherwise a trial 
is necessary to settle the dispute. 

3. Jury. — By mutual consent of the parties the trial may be had before the 
court alone ; but, as in many cases either party may demand a trial by jury, most 
cases are so tried. From among the petit jurymen summoned to that term of 
court, twelve are chosen by lot for each particular case as it comes on for trial. 

4. Trial. — Either party may summon the other to trial as soon as the plead- 
ings are filed or served ; and, if either fails to appear at the trial, the other may 
have judgment against him. Witnesses are compelled to come by subpoenas or 
writs issued to them by the court, commanding them to attend, under heavy 
penalties if they do not. Every trial is presided over by a judge. 

The plaintiff's counsel opens the trial by stating what the case is, and then 
passes on to the examination of the witnesses on his side. The defendant's 
counsel has the right to cross-examine any of these witnesses as the trial goes 
on. The defendant's counsel then proceeds in the same manner, after which 
he makes an argument or sums up his side of the case. The plaintiff's counsel 
closes with his argument. 

If the trial is by jury, the judge then charges them, briefly going over the 
case and instructing them concerning the law as it applies in that case. 

5. Terdict. — After the charge the jury retire to the jury room for secret con- 
sultation. They are then not allowed to communicate with anyone save the 
judge. If they cannot agree, they are discharged, and a new trial may be had. 
If they find a verdict, the foreman of the jury, upon their return to the court 
room, so informs the court. Usually the jury fixes the amount of damages, 
and this is named in the verdict. 



State Governments'. Judicial Department. 79 

6. Judgment. — After the verdict of the jury, or the decision of the court, if 
not a jury trial, judgment is filed or recorded. A part of this judgment is the 
sum of money allowed the successful party for the costs, or expenses of the trial. 

7. Appeal. — If the defeated party thinks there has been an error of any kind 
m the trial, he may apply for a new one ; and, if this is not granted, he may 
appeal the case to the next higher court. This court simply examines the pro- 
ceedings of the lower court in the case, and, if no error is discovered, it affirms 
the judgment. But if even a slight errop is discovered, it reverses the judg- 
ment and grants a new trial, which is conducted in the same manner as the first. 
In many cases, if either party then desires, he may appeal to a still higher court, 
and so on as far as the law allows. 

The great majority of cases at law begun m the State courts cannot be appealed 
to UAited States courts, but must be finally settled by the judiciary of the State. 
The decision of the Supreme Court of the State is final, except in a certain class 
of cases named in the Federal Constitution. 

8. Execution. — The carrying out of the judgment of the court is the execu- 
tion. If a person does not pay the judgment obtained against him, the sheriff, 
by writ of execution from the court, seizes and sells his property to the amount 
of the judgment. Certain property, as household goods, laborers' tools and 
clothing, cannot be thus sold. 

Formerly the debtor could be imprisoned until he paid the judgment. But 
this remedy has been universally abolished by the States, except m certain cases, 
such as fraud, libel, assault, etc. 

y. Proceedings in a- Criminal Case. 

1. Arrest and Examination. — It is usual in criminal cases, when the 
escape of the accused 2:)erson is feared, not to await the action of a grand jury, 
but to have a complaint sworn to before a justice of the peace or other magis- 
trate, upon which such officer -issues a warrant for the offender's arrest. The 
person is then brought before the magistrate issuing the warrant and an exam- 
ination of the case is made. If in the mmd of the magistrate the evidence is 
sufficient to make a trial justifiable, he commits the offender to jail to await 
further action. 

2. Bail. — If the crime is not punishable by death, the arrested person may 
give hail. To do this a bond must be given, by which certain persons agree to 
pay the State a sum of money named therein, if the accused does not appear 
when wanted. The prisoner is then released ; but he is in the custody of his 
bondsmen, who, when provided with proper legal instruments, may arrest him in 
any State whenever they think best. 

3. Habeas Corpus. — If, however, the prisoner is not out on bail, he may 
apply for a writ of habeas corpus. 

4. Indictment. — Then follows the indictment by the grand jury, unless the 
offence is a petty one and not indictable. Often this is the first action in a 



so 



Government Under the Constitution. 



criminal case, no arrest of the offender being made until after the indictment by 
the grand Jury. 

5. Trial. — If the prisoner has no counsel, the State furnishes him one, and 
the trial proceeds very much as in civil cases ; though first the prisoner is called 
upon to answer the charges in the indictment. If he pleads guilty, he is at 
once sentenced; but if he pleads ''not guilty," the trial proceeds. He has the 
right to a trial by jury in most cases. 

IvESSOlV RKVIE\Sr. 



1. 
2. 
3. 
4. 
orsf 
5. 
6. 



How are cases at law divided ? 

What are civil cases f 

What are cinminal eases ? 

What are crimes and misdemean- 



What is a court? 

How do the courts of the different 
States compare ? 

7. What is said of the justice's court ? 

8. What are the circuit courts and 
their j)owers? 

9. What courts settle the estates of de- 
ceased persons ? 

10. Give their powers and duties ? 



11. What 
court? 

12. What 

13. What 

14. Name 

15. What 

16. What 

17. What 

18. What 

19. What 

20. What 
appeal f 

21. What 

22. Give 



is said of the highest State 

is said of impeachments? 

other courts are given ? 

the courts of this State ? 

is said concerning the judges? 

is the first step in a civil case? 

f oUows ? 

are the third and fourth steps? 

follows the trial ? 

is said of the judgment and 

is the last step ? 

the proceedings in a criminal 



State Governments: Taxation. 81 



TTwENTiETH Lesson 



TPAXATTION. 



I. Its Necessity, it is a self-evident fact that the existence of any gov- 
-ernment depends in large measure upon its power to command tlie necessary 
means of support. It will be remembered that one of the greatest defects of the 
Confederation was its inability to raise such funds. In this country there are 
•officers of the Nation, State, county, town and district to be paid salaries ; there 
are public buildings to erect and keep in repair, as the National Capitol, build- 
ings of the National departments, State-houses, custom-houses, light-houses, 
oourt-houses, jails, and numerous others. The money needed for all this out- 
lay must be raised by taxation, and the government does this by demanding of 
•each taxable inhabitant a certain sum, regulated by law. As the government 
j)rotects the property and persons of its citizens, justice demands that the citizens 
in return assist in supporting the government. 

II. Kinds of Taxes. Taxes are raised directly or indirectly. Herein lies 
the great difference between the National tax and the State tax. The Nation is 
supported almost entirely by indirect taxation. Only in exceptional cases has 
the Federal government levied direct taxes, while the^ States raise nearly their 
•entire income by direct taxation on person and property. 

1. Direct Taxes. — These are taxes paid directly to the government as 
taxes, and are of two kinds, poll ^ndi j^roperty tax. 

1. Poll Tax. — Some States levy a tax on every male citizen over twenty-one 
years of a,ge, and others on every voter. This is called a poll or capitation tax, 
because it is a certain sum on every poll or head. In general, this kind of taxa- 
tion is unjust and oppressive, for it places the same burden on the man who does 
not own a dollar of 2)roperty as on the millionaire. Some constitutions expressly 
iorbid this tax ; others are silent on the subject, leaving the matter to the dis- 
oretion of the Legislature ; while still others limit the amount of the tax to a 
^mall sum, $1.00 or $1.50. In all cases where this method of taxation is used, 
the amount demanded of each individual is small. 

2. Property Tax. — It must be plain to every intelligent mind that, in the 
matter of taxation, justice can only be had by taxing each person according to 
his ability to pay ; that is, in proportion to the property he owns. This kind of 
tax is called a property tax, and is the principal source of income to the State 
and its subdivisions. Both real and personal property are subject to taxation, 
but a large proportion of the tax falls upon real estate. This is chiefly due to 
the inability of the assessor to discover how much personal property each one 
owns. 

6 



82 Government Under the Constitution. 

2. Indirect Taxes. — These taxes are so called because they are not paid 
directly to the goYernment as taxes, but are included in the prices paid for 
goods. A merchant purchases a quantity of silks in France and brings it to this 
country to sell. When the goods arrive in port, our government, through its. 
custom-house officials, demands a certain legal sum from him, called a dtity. 
This sum goes toward the support of the National Government. The merchant, 
in selling his silks, adds to the price which would otherwise have been charged, a 
sum sufficient to cover this duty ; and thus indirectly his customers pay the 
National tax. The government lays a tax on the manufacture of liquors and 
cigars ; the manufacturers then add enough to the price of their goods to cover 
this sum, and again the consumers indirectly pay this tax. 

The States themselves are expressly forbidden by the United States Constitu- 
tion to lay taxes on imported or exported goods. Tlie National Government, 
alone possesses this power. But the States collect some indirect taxes, under the 
name of licenses for carrying on certain kinds of business, as that of selling- 
intoxicating liquors. 

III. Taluation of Property or Assessment. As the income of the- 

States is raised almost wholly by direct property taxation, we shall now deal 
only with this kind of tax. In order that each person may be taxed in propor- 
tion to the property he owns, it is necessary that a proper valuation be made of 
all the taxable property. This work is the duty of the assessors, whom we have 
already mentioned. They are required to make a list of all taxable persons in 
their respective towns or districts, together with the estimated value of each 
one's taxable property. The custom is to fix this valuation lower than the full 
market value of the property. It is quite important to every person that his. 
property be not valued higher than that of others ; and, if any person thinks the 
assessed valuation of his property too high, he may go before the assessors, and 
ask to have it reduced. 

On account of the difficulty in ascertaining the amount of each one's personal 
property, some States require taxable persons to furnish lists of all their taxable 
property. The assessors may then require these persons to make oath that they 
have given a true report of their property and its value. 

IT. Exemptions. There are certain kinds of property which are usually 
exempt from taxation. In general, these are the public property of the State, 
county and town ; cemeteries ; public school buildings and churches with lands 
attached ; charitable institutions; and a certain part of one's personal property, 
as the tools and utensils of laborers. In some States scientific and literary prop- 
erty are exempted. 

Y. Apportionment of Taxes. When the assessors have estimated the 
value of all the taxable property in every town of the State, the next step is to 
discover what amount of tax each town must pay, in order to find out its rate of 
taxation. 

The tax which each town must pay is made up of three parts : the sum needed 
to pay the expenses of the town for the current year, that part of the county tax; 



State Governments: Taxation. 83 

which the town must pay, and the town's share of the State tax. The valuation 
of the entire taxable property of each county is sent to the State auditor or comp- 
troller, who from it estimates what part of the State tax each county must pay, 
and informs the county commissioner or board of supervisors what that sum 
is. These county officers then add this sum to the tax which the county must 
raise for county expenses, and apportion the whole sum among the different 
towns of the county, according to the value of the taxable property of each, 
notifying the officers of each town what that town's share is. The town officers 
then add to tliis sum the tax to be raised for town purposes, and the result is 
the whole amount of tax to be raised by the town. This sum is divided among 
the taxable inhabitants of the town, in proportion to the assessed value of their 
property. 

In cities and villages there is also a tax to be raised for the city or village 
expenses, and this must either be added to the other tax, or, as is usually the 
case, separately assessed and collected. In our country the State tax is usually 
much less than the town and county tax. The taxes in cities are very much 
greater than elsewhere. 

VI. Collection of Taxes, in many of the States the town collector 
collects all the taxes for town, county and State ; m others, the county collector 
makes all collections. When the town collector receives the taxes, he pays them 
over to the town treasurer, who deducts the amount of the town tax and sends 
the remainder to the county treasurer. He, in turn, takes out the county tax, 
and remits the balance to the State treasurer for State purposes. 

YII. Tax Sales. The law^ specifies a certain length of time in which taxes 
shall be paid. If anyone neglects to pay his tax within this time, a fine or 
penalty is added. If he still refuses to pay after a further specified time, his 
property, if personal, is seized and sold at auction, or he is sued in the usual 
way. If his tax is on real estate, the property is sold at auction to some one 
who will pay the tax and expenses incurred, and a tax title to the property is 
given the purchaser. The former owner then has a right to redeem the property 
within a certain time fixed by law, usually two or three years, by paying the 
purchaser what he paid for taxes, with interest. The purchaser cannot take 
possession of the property until after the time for redemption has expired. 

This description of the method ot taxation applies to a great number of the 
States, but in others it varies in numerous details. 



LKSSON RKVIB\Nr. 



1. Why must governments command 
means of support? 

2. For what purposes does our govern- 
ment need money ? 

3. How is such money raised here ? 



4. What is the difference between the 
National and the State tax ? 

5. "What are direct taxes ? 

6. How are direct taxes divided '? 

7. What IS said of poll taxes ? 



81^ 



Government Under the Constitution. 



8. How should taxes be raised ? 

9. What is said of property taxes ? 

10. What are indirect taxes? Give il- 
lustrations. 

11. What indirect taxes do the States 
coUect ? 

12. Why is an assessment made, and 
how? 

13. How is property assessed in this 
State ? 

14. What exemptions are usually made? 

15. What work follows the assessment ? 

16. What is the work of the comp- 
troller ? 



17. What is the work of the county 
officers ? 

18. The work of the town officers ? 

19. How are taxes apportioned in this 
State ? 

20. What is said of city and village 
taxes ? 

21. How are taxes collected ? 

22. Are taxes collected differently in this 
State ? 

23. What are tax sales f 

24. How is real estate which has been 
sold for taxes redeemed ? 



State Governments: Education, 85 



TTv^ENTY-KlRST IvESSON. 



KDUCAXION, 



I. Its Importance. An ignorant people cannot carry on self-goyernment 
successfully. Monarcliial and aristocratic forms of government may be better 
maintained by keeping their subjects in ignorance; but for the continuance of 
democratic institutions, the education of the citizen is a necessity. Much of the 
prosperity of our Republic is due to the system of common schools established 
by every State in the Union, at which the children of all may be taught at the 
public expense, thus giving the children of the poor an equal chance with those 
of the rich for acquiring an ordinary education. 

II. Support of Public Schools. 

1. Aid of Federal Goyernment. — Neither the Articles of Confederation 
nor the Constitution granted the General Government any authority in regard 
to a system of education in the States; but it early recognized the necessity of 
such work, and has always found ways and means to assist greatly in the educa- 
tional advancement of the people. 

In 1787 the old Continental Congress passed a measure for the government of 
the territory north-west of the Ohio River, in which it was provided that schools 
and the means of education should forever be encouraged in that territory. Pur- 
suing this policy. Congress set apart the sixteenth section of every township for 
the support of common schools. As the government had platted the land in 
townships containing thirty-six square miles, and divided each township into 
sections containing one square mile, this gave the thirty-sixth jDart of every State 
formed from this territory for the purpose of education. At the same time there 
was added to this grant another of two whole townships to each State thus 
formed, for the benefit of a university. 

In 1836 a surplus fund of about thirty million dollars had acumulated in the 
National treasury. By an Act of Congress this fund was distributed among the 
existing States, nearly all of whom appropriated their shares for the support of 
schools. 

When the law was passed in 1848 for the organization of the Oregon territory, 
Congress began giving to the school fund of the new territories two sections of 
each township, the sixteenth and thirty-sixth, or the eighteenth part of the whole. 

In 1862, Congress gave to each State a grant of land with which to endow a 
college where the branches pertaining to agriculture and the mechanic arts 
should be taught. 



86 Government Under the Constitution. 

At various other times gifts of land and the proceeds of the sale of swamp and 
overflowed lands have been granted the States by the National G-overnment, a 
great part of which has gone into their educational funds. 

2. State Support. — The newer States of the AVest have thus shared to a 
much larger extent in these land grants than the original States; but many of 
the latter have added the proceeds of the sales of State lands to the moneys 
received from the Federal government for a school fund, so that every State in 
the Union has its system of free common schools. The interest of these funds 
is distributed among the schools of each State, usually in proportion to the 
number of school children. But this is only a small part of the money needed 
to carry on the system of public instruction; the large part must be raised by 
taxation. In some cases the State levies a tax for this purpose and apportions 
it among the schools. 

3. Local Support. — In other cases the counties or towns levy a school tax, 
which is added to the State appropriations. Generally the township is divided 
into school districts, each one containing a common, district or public school, to 
which all the children of that particular district may go free of expense. Each 
district then raises by taxation an amount sufficient to cover all school expenses 
not provided for by other appropriations. 

III. Public Schools of the State. * 

1. Ungraded Schools. — The country common schools are very seldom 
graded; but as regards the ages of the great majority of pupils attending them, 
and the branches of study therein taught, they are the same as the mixed lower 
grades of the village and city schools. 

2. Graded Schools. — The public schools of villages and cities are divided 
into three principal grades, and these are usually subdivided. 

1. Primary Schools. — Where the youngest pupils are taught. 

2. Grammar Schools. — Where pupils from nine to fourteen or fifteen years 
of age are taught the ordinary English branches, and sometimes the higher 
branches. The great body of schools of this country are of these lower grades. 

3. High Schools. — Where studies are taught adapted to a business education, 
besides, many times, higher mathematics and the languages. These schools are 
found only in the cities and larger villages. 

3. State Uniyersities. — The State universities differ widely in the different 
States. In some of the Southern and younger W^estern States, they have very 
simple courses of study; while the State University of Michigan, at Ann Arbor, 
and some of the other State universities, rank high among the educational 
institutions of the Union. 

4. State Agricultural Colleges. — For the encouragement of agriculture 
and the mechanic arts, colleges have been established by many States with the 
gifts from the Federal government for that purpose. 

5. State Normal Schools. — Only in comparatively recent times has the 
public come to realize the fact that, if the State is to educate its citizens, it 



State Oovern3ients: Education. 87 

■ought to provide competent instructors. Massachusetts was the first to establish 
normal schools for the free instruction of teachers, and most of the other States 
Lave followed her example. Persons taught at these institutions must serve as 
teachers in the common schools of the State for two or three years. 

IT. Federal Government Schools, in addition to the aid given the 

States by the Federal government, schools are maintained at its own expense as 
follows: 

1. A military academy, at West Point, X. Y., for the education of army officers. 

2. A naval academy, at Annapolis, Md., for the education of naval officers. 

3. A college for deaf mutes, at Washington. 

4. A school for instruction in the Signal Service, at Fort Whipple, Va., near 
Washington. 

5. Common schools at the various military posts of the country. 

6. Schools for the education of the Indians, at Hampton, Va., Carlisle, Pa., 
•Salem, Ore., Santa Fe, N. M., and other places. 

T. Endowed Institutions of Learning. The largest part of the work 

of higher education, however, is done in institutions established by private enter- 
prise — colleges, seminaries, universities, and professional scliools. Our most 
famous institutions of learning belong to this class. They receive no aid from 
the State or communities, but their property all comes from gifts or legacies. 

Many academic, grammar and high schools are likewise maintained by private 
benevolence. 

In the year 1872, the gifts and legacies for these institutions exceeded 
-$11,000,000. 

YI. School Officers. 

1. State Superintendent. — In nearly all the States there is a superintend- 
ent of iniblic instruction, who has general oversight of the educational work of 
the entire State. He collects information concerning the schools: the amount 
of money expended yearly on them; the number of teachers employed; the num- 
ber of children residing in each district, and the number attending the schools; 
and various other important matters. He then reports to the Legislature at 
every session the information collected, and suggests such improvements in the 
school laws of the State as he thinks advisable. 

2. County Superintendent. — Many States have county superintendents of 
schools, called also county school commissioners and county examiners. Their work 
is an important element in the system of education. They visit the schools of 
the county and. advise the teachers in regard to their work; they examine teach- 
ers and issue certificates; and they hold associations and institutes for the instruc- 
tion of teachers. In some States they decide disputes arising under the school 
laws, and sometimes distribute the school revenue. They make an annual report 
to the State superintendent of the condition of the schools under their charge. 

3. City and Tillage Superintendents. — Often, in the large villages and 
cities, superintendents are appointed Avho have charge of grading the schools; 



88 Government Under the Constitution. 

adopting a system of promotion from one room to another; planning the work of 
the teachers and the courses of study; introducing new methods; and advancing: 
the interests of the schools in all possible ways. 

4. The School Board. — In nearly all cases the local management of schools 
is placed in the hands of a hoard of directors, a committee, or trustees. Some- 
times this board is composed of the directors chosen by the several districts of thfr 
township or the several sub-districts of a city, the members acting as agents of 
the board in their respective districts. Or when the city is not divided inta 
sub-districts, a board is chosen at large to manage all the schools within the city 
limits. 

In other cases each school has an independent local management, carried out 
by a board of its own, or by one or more trustees. Village and city schools almost, 
universally have a government separate from the country schools. 

These boards appoint and discharge teachers; pay their salaries; determine 
the length of the terms; have charge of the school buildings; supply fuel and. 
apparatus; sometimes furnish text-books to pupils; and establish rules for the- 
government of the schools. 

5. Bureau of Education. — The Interior Department contains a National 
Bureau of Education, established by Congress in 1867. The business of this, 
bureau is to collect and publish educational information; to point out the best 
methods of instruction; to show where schools are needed; and to act as a means, 
of communication on such subjects between the different States of the Union, 
and between this country and foreign nations. 

YII. Compulsory Education, in a few States there are laws compelling- 
every child between the ages of seven and fourteen years to attend school for a- 
certain portion of each year. In some of these laAvs there is a clause prohibiting- 
manufacturers and others from employing children, between the ages of ten and 
fourteen, who have not, within the preceding year, attended school for the- 
number of weeks required by law. 

Till. Religion in the Schools. No State gives any religious denomi- 
nation footing in its public schools. The religious instruction of children is left 
to the church itself, and the education of the clergy to theological seminaries 
founded by the different denominations. 

There has been much trouble and controversy over the subject of opening- 
schools with religious exercises, some claiming to be wronged by the use of the 
Protestant translation of the Bible. On this account devotional exercises have 
been done away with entirely in some schools, and very much restricted in. 
others. But the end of this controversy has not yet been reached. 



State Governments: Education. 



89 



Lksbon Rkvikwt. 



1. How is a government ajffected by the 
ignorance or intelligence of the people? 

2. To what is much of om* prosperity 
due? 

3. What authority has the Federal gov- 
ernment over educational matters? 

4. What measure was jjassed by the 
Continental Congress in 1787 ? 

5. What gift did the States receive in 
1836? 

6. What measures of Congress followed 
the law for organizing the Oregon terri- 
tory ? 

7. What additional grant did the States 
receive in 1862 ? 

8. What other gifts are mentioned ? 

9. What sujDport do the States give the 
common schools ? 

10. What local support do schools re- 
ceive ? 

11. How are schools supported in this 
State ? 

12. What is said of country schools ? 

13. How are schools graded ? 

14. \Sliat is said of State universities''} 

15. Is there one in this State ? 

16. What colleges have been established 



with sjjecial gifts from the Federal govern- 
ment? 

17. What are Normal Schools ? 

18. How many are there in this State, 
and where located ? 

19. What schools are supported by the 
Federal government ? 

20. Discuss endowed institutions of 
learning ? 

21. Who is the State superintendent, 
and what are his duties ? 

22. Who is now superintendent in this 
State ? 

23. State what you can of county super- 
intendents ? 

24. Is there one in this county ? 

25. What is said of city and tillage super- 
intendents ? 

26. What is said of the school board ? 

27. How is this educational institution 
managed ? 

28. What is the Bureau of Education ? 

29. How are children compelled to at- 
tend school ? 

30. Are there such laws in this State ? 

31. What is said of religion in the 
schools ? 



90 Government Under the Constitution. 



TL^^w^entty-Second Lesson. 



F»UBLIC INST^nrUTlONB. 

I. ChaKITABLE Institutions, it is fitting that a government, which has 
lor its only object the welfare of the people, should protect and care for such of 
its helpless and unfortunate citizens as are unable to care for themselves. Every 
iState in the Union has institutions for some or all of these classes of unfortu- 
nates, the pauper, the blind, the deaf-mute, the inebriate, the insane, the idiot, 
and the juvenile criminal. 

1. Poor Houses. — One of the most troublesome problems with which a gov- 
ernment has to deal is that of rendering needed assistance to the poor, without 
fostering habits of idleness and vice. Our State governments assume that every 
person will support himself if able to do so, and, if not, our laws require that 
certain near kinsfolk support him, if they are able. Otherwise it becomes the 
duty of the government to take the matter in hand, in which case the policy is 
followed of having paupers supported by the community where they resided 
when their disability arose. 

In many States the care of the poor is given over wholly, or in part, to the 
township, which then hires its paupers kept by responsible persons, or pays for 
their keeping at some public institution of the kind owned by the government. 

Often the county, instead of each township, has charge of a home and farm, 
where paupers from the whole county are supported, either entirely at the 
expense of the county, or by each township paying for the support of its paupers. 

2. Insane Asylums. — There are many insane people in a State who are 
unable to pay their expenses at private hospitals. As they need special care and 
skilled medical treatment, the State establishes institutions where they may 
receive these, either at the public expense, or that of near relatives able to pay. 
Counties, towns and cities often maintain institutions of this kind. 

3. Other Asylums. — The State also has asylums for orphan children, idiots, 
deaf-mutes, the blind, and inebriates, where, many times, special educational 
instruction is furnished, as well as support and medical aid. There are, besides, 
similar institutions supported by counties, towns and cities. 

4. Reform Schools. — Many States establish institutions for the correction 

and education of youthful criminals. 

5. Federal Institutions. — The United States government maintains homes 
and hospitals for disabled seamen and soldiers, and an asylum for insane sol- 
diers and for the insane of the District of Columbia. 



State Governments: Public Institutions. 91 

II. State Prisons. The State maintains prisons for the confinement of 
criminals convicted of the hio^her crimes. The county jails and penitentiaries 
are for the lower grades of criminals. In most States the prisoners are com- 
pelled to labor, by which means many prisons are rendered self-supporting. 

III. Highways. Roads are a necessity, and one of the duties of the govern- 
ment is to make suitable provision for them. The State has the right to take 
anyone's property for public use, on paying its value, whether the owner consents 
or not. This is called the right of eminent domain ; and the government exer- 
cises this right by taking lands for public roads. Nearly always the counties or 
towns, by the authority of the State, locate and maintain the roads ; though 
sometimes the State itself does this in cases of the most important ones, which 
are then called State roads. 

The National government has power by the Constitution to establish post- 
roads, and often exercises it by appropriating money for bridges and other 
necessary improvements. 

IT. Canals. New York, Pennsylvania and Ohio have many canals, while 
some States have few, and others none. Very often private corporations estab- 
lish and maintain canals ; but they are sometimes constructed by the State and 
managed by State officials. In such cases the State usually sets apart a fund, 
the income of which is used for this purpose ; while the United States govern- 
ment adds to this fund by appropriating public lands for the cause. This is 
done because the canal is a benefit to all the people of the Nation as well as the 
people of the State itself. Land for canals is also acquired by the right of 
eminent domain. 

T. Railroads. Railroads are usually the work of private enterprise, but are 
aided by the State in many ways — by the loan of moneys, grants of public land, 
etc. As in the case of highways and canals, the State compels the surrender of 
necessary property, or gives to the railroad company the power to do so. 

The State generally exercises some control over railway and canal companies, 
banks and insurance companies, and other corporations having large powers and 
j)rivileges. This is done in order to prevent any fraud or injury to the public 
through them. Certain officers are required to have supervision ovej such cor- 
porations, to collect information in regard to their property and business, and 
liave this information published. 

YI. State Debts, it very often happens that towns, cities, counties and 
States undertake some public work requiring a large amount of money. To 
raise these funds at the time when needed would make the taxes so high as to be 
exceedingly burdensome to the people. Many of the works, also, as public 
buildings, water-works, canals, etc., may be of as great benefit to the people of 
later years as to those living at the time the work is done, and it seems but just 
that the burden should be distributed among those deriving the benefit. In 
order to do this, the government borrows the necessary money and issues bonds 



92 Government Under the Constitution 

for its indebtedness, the same as an individual gives liis note for borrowed 
money; and then the interest and the bonds themselves are paid gradually by 
the people. 

We have seen that counties, towns, and cities, being corporations, may be 
sued in the courts as natural persons, if they do not pay their debts as they 
agree ; but a State, as we shall see hereafter, cannot be forced to pay its debts by 
private individuals. It has even happened that several States have refused to 
pay some of their debts, or as it is called, repudiated them ; and in such cases 
the bonds are only so much worthless paper. 

YII. Militia. It is the policy of despotic governments to maintain large 
military forces, for keeping their subjects in a state of subjection, and resisting 
the attacks of foreign enemies ; but the people of free governments do not favor 
the keeping of large standing armies in times of peace. The geographical 
position of our country, separated as it is, by the oceans, from all the powerful 
nations of the earth, helps to do away with the necessity of large armed forces. 
Our Nation has but a small standing army, and the States have none ; the only 
military organization they possess is a militia. This consists of all the able- 
bodied men between certain ages, eighteen or twenty-one to forty-five years, 
who are residents of the State, and are not exempt by the laws of the State or 
Nation. Generally persons exempt by the State laws are members of the State 
legislative, executive and judicial departments, clergymen, physicians, teach- 
ers, firemen, members of military companies who have served a certain length 
of time, and in many States those who have conscientious scruples concerning 
war, as the Quakers. Persons exempt by National laws are members of the 
three departments of National Government, pilots, mariners, and some others. 

When the militia of any State is organized, it is divided into brigades, regi- 
ments, companies, etc., with the usual officers over the divisions, adjutant-gen- 
erals, colonels, captains, etc., while the governor is commander-in-chief ; but, as 
a matter of fact, the militia of most of the States remains practically unorganized. 

The militia may be called out at any time by order of the President, and it 
then passes out of State control and under that of the United States. 



Lkssom Revib^nt. 



1. What duty of government is first 
mentioned ? 

2. What charitable institutions are sup- 
ported by the States ? 

3. What problem arises concerning the 
charitable work of governments ? 

4. What is the pohcy pursued by State 
governments ? 

5. What part has the township in this 
work? 



6. What part the county ? 

7. How is this work managed in your 
county ? 

8. What is said of insane asylums ? 

9. Mention some important ones of this 
State ? 

10. What are reform, schools ? 

11. Do such schools exist in this State ? 

12. What does the United States gov- 
ernment do for the unfortunate classes ? 



State Governments: Public Institutions. 



93 



13. What is said of State prisons ? 

14. Where are they located in this State? 

15. What is the right of eminent do- 
main f 

16. How are roads located and main- 
tained ? 

17. What are State roads ? 

18. What work of this kind does the 
National government do ? 

19. T\Tiat is said of canals? 

20. Name the important canals of this 
State. 

21. What is said of railroads? 

22. Mention some of the important ones 
of this State. 



23. What control does the State exer- 
cise over corj^orations, and how ? 

24. Discuss State debts. 

25. What is the difference between des- 
potic and free governments in regard to 
maintaining armies ? 

26. Why is a large standing army un- 
necessary here ? 

27. What is the inilltla ? 

28. WTiat persons are generally exempt? 

29. How is the militia organized ? 

30. What power has the United States 
government over the militia ? 



9Jf Government Under the Constitution. 



:natio:kal GOVEE]srME:RT. 



TTwENnrY-TTHiRD Lesson. 



F>RKAM:BI^K, and CONGRKSS IK GKNKRAIv. 

CONSTITUTION OF THE UNITED STATES. 

Preamble. 

"We, the people of the United States, in order to form a more perfect union, establish 

justice, insui-e domestic tranquility, provide for the common defense, promote the general 

welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and 

establish this Constitution for the United States of America. 

ARTICLE I. — Legislative Department. 
Section 1. — Congress in Oencral. 
All legislative powers herein granted shall be vested in a Congress of the United States, 
which shall consist of a Senate and House of Representatives. 



I. The Preamble. The introductory sentence of the Constitution, which 
is usually called the preamble, is an important part of the instrument itself. The 
preamble of a statute or law is the introduction containing the reasons for mak- 
ing the law and the purposes for which it is intended. The preamble of the 
Constitution contains more than this ; it names the authority which therein 
expresses its will, ''We, the people of the United States ; " it sets forth the aims 
and purposes of the law-givers in six concise statements; it gives a name to the 
expression of will, a ''Constitution;" and it declares upon whom it is to be 
binding, "The United States of America." 

The Authority. — The Articles of Confederation were merely a compact or 
agreement between the States as separate and independent governments. The 
Constitution is an agreement by the people, the whole people of the United States, 
united under one INational GoYernment. They are the only source of authority, 
the sovereign power. 

Aims of the Con^stitution". — The purpose of the Constitution was to remedy 
the defects which existed under the Confederation. It was therefore intended 
by this method of government : 

1. To Form a More Perfect Union. — That is, a more perfect union than 
the very imperfect one which had existed under the Confederation. 

2. To Establish Justice. — The failure of the government of the Confed- 
eration was due in great part to its inability to establish justice. Under it there 
was nothing in the shape of a National judiciary. Its home measures were 
unheeded by the individual States, and its treaties with foreign nations were 



Congress in General. 95 

broken by them; while the injustice that prevailed, on account of the unrestricted 
power of the States to enact and enforce whatever measures seemed to them 
desirable, constantly threatened to involve the country in general war. Unless 
justice could be established under the new government, the final dissolution of 
the Union was certain. 

3. To Insure Domestic Tranquility. — After the years of domestic con- 
tention that had followed the War of the Revolution, tranquility among them- 
selves was one of the gTeat objects to be desired by the people. 

4. To PrOTide for the Common Defense. — The Confederate Congress 
had no power to provide means for the defense of the country. The framers of 
the Constitution knew that this must be remedied, as a nation unprepared for 
war, by reason of its weakness, is liable to constant attacks from foreign nations. 

5. To Promote the General Welfare. — This is the duty of every govern- 
ment. It had been well demonstrated that the individual States could not 
secure this object; that it required the resources of a strong national govern- 
ment to successfully regulate those affairs, which concerned the people of the 
country at large. 

6. To Secure the Blessings of Liberty to Ourselves and Our Pos- 
terity. — This was the most important object of all. It was for this their 
fathers had colonized an unknown country, and it was for this they themselves 
had waged a seven years^ war with England. And not only did they to desire it 
for themselves, but they were working to secure it to their posterity. 

II. Legislative Department. 

1. Its Importance. — Although the three departments into which our 
National government is divided are equal in rank, and each supreme in its own 
particular sphere, yet in many respects the legislative is the most important. 
Here rests the greatest power of all — that of making the laws for the whole 
United States. Here the people express their will, by adopting, through their 
representatives, those measures which are to govern themselves. Its work must 
necessarily precede that of the other two departments, for laws must first be 
made before they can be interpreted or executed. 

2. Its Name. — The people of the country had long been familiar with the 
name of Congress, for by that name they had called the body which had consti- 
tuted their general government so many years. It was now given the legislative 
department of the new government. 

3. Its Composition. — The Congress of the Confederation consisted of but 
one house. It was proposed that the National Congress be composed of two 
houses, in order that each might act as a check on the other, thus preventing 
hasty or dishonest legislation. Moreover the English Parliament consisted of two 
houses, the House of Commons and the House of Lords, and this served some- 
what as a pattern. 

It will be remembered that in the Confederate Congress the States had equal 
power. Naturally enough, the small States were reluctant to yield this advan- 



96 



Government Under the Constitution. 



tage, and insisted that the representation in the National Congress should also 
be by States, and equal; while the large States were determined to have the 
l^ower distributed according to the wealth and population, or the population 
alone. But, after much discussion, the matter was compromised by combining 
both methods. The Senate was to represent the States, and the House of Repre- 
sentatives the people. In the upper house the representation should be equal, 
large and small States the same; in the lower house it should be in proportion 
to the population. 

4. Its Place of Meeting. — The Capitol at Washington was erected for the 
use of the National Legislature, and it is there that Congress holds its sessions. 
This building is of white marble, and stands on an eminence overlooking the 
city and the Potomac Eiver. At first the Capitol was much smaller than now. 
The present central portion was the original building, and contains the old Senate 
Chamber, now used by the Supreme Court; the old Hall of Representatives, now 
occupied by the statues of many of our great men; and the room holding the 
National library. Over this central part rises the great dome, surmounted by a 
bronze statue of Liberty. Two immense wings have been added, one on either 
end, the southern containing the present great Representatives' Hall, and the 
northern the Senate Chamber, Both these chambers are entirely surrounded 
by vestibules and other rooms, and do not open outside, but'.are lighted by ceil- 
ings of glass. There are also many smaller rooms and offices necessary for the 
use of Congress. 

The interior of the Capitol contains much beautiful workmanship and many 
objects of interest; stair cases and pillars of the various marbles of the country, 
frescoed ceilings, fine works in bronze, and pictures representing National scenes, 
many of which are hung in the great rotunda under the dome. On one of the 
lower floors, near the center of the building, is a white marble star, which marks 
the meridian of Washington, the meridian from which we reckon longitude in 
this country. 

Lksson Rkvik^nt. 



1. What is this Constitution of which 
Ave now commence the study, and when 
and where was it framed ? 

2. How does this preamble compare 
with the preamble of a law or statute ? 

3. What does it contain ? 

4. What is said of the authority herein 
named ? 

5. What was the general purpose of the 
Constitution ? 

6. What is the first aim mentioned ? 

7. Why was it desirable to establish 
justice ? 

8. What is the third aim mentioned ? 

9. What is the fourth ? 

10. Why could not the individual States 
promote the general welfare ? 



11. What is said of the last aim ? 

12. Name over the six aims or objects 
of the Constitution ? 

13. What is the importance of the legis- 
lative department ? 

14. Why does its work precede that of 
the other departments ? 

15. Were the people familiar with the 
name Congress ? 

16. Why was Congress composed of two 
houses ? 

17. What difficulty arose between the 
large and small States ? 

18. How was it settled. 

19. Where does Congress meet ? 

20. Describe the Capitol ? 



House of Representatives. 97 



TWENTTY-KOURT^H LkSSON, 



HOLJSB OK RKPRBSKNXATPIVKS. 

Article I; Section 2. — House of Representatives. 

1. The House of Representatives shall be composed of members chosen every second 
j'ear by the people of the several States ; and the electors in each State shall have the 
•qualifications requisite for electors of the most numerous branch of the State Legislature. 

2. No person shall be a representative who shall not have attained to the age of twenty- 
five years, and been seven years a citizen of the United States, and who shall not, when 
•elected, be an inhabitant of that State in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among the several States which 
may be included within this Union, according to their resi3ective members, which shall be 
determined by adding to the whole number of free persons, including those bound to 
service for a term of years, and excluding Indians not taxed, three-fifths of all other per- 
sons. The actual enumeration shall be made Avithin three years after the first meeting of 
the Congress of the United States, and within every subsequent term of ten years, in such 
manner as they shall by law direct. The number of representatives shall not exceed one 
for every thirty thousand, but each State shall have at least one representative ; and until 
such enumeration shall be made, the State of New Hampshire shall be entitled to choose 
three ; Massachusetts, eight ; Rhode Island and Providence Plantations, one ; Connecti- 
cut, five ; New York, six ; New Jersey, four ; Pennsylvania, eight ; Delaware, one ; Mary- 
land, six ; Virginia, ten ; North Carolina, five ; South Carolina, five ; and Georgia, three. 



I. Character of the House of Representatives. This is the 

lower and more numerous branch of the National Legislature. As its members 
.are chosen directly by the people for the short term of two years, it is supposed 
to represent more closely their views in regard to the public questions of the 
day ; and the interests of the people are here thought to be especially guarded 
•and advanced. For these reasons this house is called the popular branch of the 
Legislature. 

II. Term of Representatives. Every second year Representatives are 
•elected throughout the United States, and, with few exceptions, on the first 
Tuesday after the first Monday of November. Thus every two years there is a 
new House of Representatives. On this account each of these two-year periods 
of the National Legislature is called a ^^ Congress," and, for convenience, these 
Congresses are numbered, as first, second, third, etc. Instead of saying the 
Congress of 1887-8, we say the fiftieth Congress, because that was the fiftieth 
time a new House of Representatives had come into office. As the first Con- 
gress began March 4th, 1789, each new Congress begins its term on the fourth 
day of March of every odd year. But Representatives are elected every preceding 
or even year. 

7 



98 Government Under the Constitution. 

III. Who May Tote for Representatives. At the time when the- 

Constitution was in process of formation, the qualifications of electors varied 
widely in the different States. Much discussion therefore arose in the conven- 
tion over the qualifications of the voters who should elect Eepresentatives. It. 
was found impossible to agree upon a uniform rule of voting for all the States ; 
and so it was finally settled that in every case those who were qualified by the 
State laws to vote for members of the lower house of the State Legislature could 
vote for members of the House of Representatives. Thus whoever is qualified 
to take part in his own State government is also qualified to vote for these 
National officers. Among all the thousands of United States officers, only 
Eepresentatives are chosen by direct vote of the people. 

IT. Qualifications of REFRESENTATIYES. But three qualifications, 
are required by the Constitution of a member of the House of Eepresentatives. 
These are : 

1. Age. — He must be twenty-five years old. Few men, previous to that 
age, have acquired wisdom and experience equal to the demands of so responsible- 
a position. 

2. Citizenship. — He must have been seven years a citizen of the United 
States. Not only natural born citizens but aliens may become Eepresentatives. 
This is an exception to the laws of most countries. Since an alien may become 
naturalized after a five years' residence in this country, it follows that at least. 
twelve years of residence here are required of a foreigner before he becomes, 
eligible to this office. 

3. Residence. — State citizenship is not of as much importance as United 
States citizenship. A Eepresentative, when elected, must be a resident of the State 
in which he is chosen ; but he need not have, resided there long enough to have 
acquired a legal residence; that is, to have acquired the legal right to vote 
there ; and he may also remove from the State immediately after his election, 
and still continue in office for the term for which he was elected. Nor is it 
required that he should reside in the particular congressional district for which 
he is chosen; but as a matter of fact he is always a resident of such district, for 
it is considered an important matter by the people of each district that they be 
represented by one of their own number, who has their personal interests at 
lieart. 

y. Apportionment of Members. 

1. Basis of Representation. — After it was settled that Eepresentatives^ 
should be apportioned among the States according to the population of each, 
one of the most bitter disputes of the whole convention arose over the question 
of who should be included in the representative population. This dispute 
nearly resulted in the dissolution of the convention. 

At that time slavery existed in all the States except Massachusetts : but the 
Northern States held so few slaves that they were practically non-slaveholding» 
The Southern States constituted the great slaveholding section of the country,- 



House of Representatives. 99 

These latter States, therefore, contended that the slaves should be counted the 
same as free white inhabitants in apportioning Eepresentatiyes. But the North 
claimed that this would be giving the slaveholding States unjust advantage in 
political legislation ; that merely because they owned certain property, they 
must have greater political power. Moreover many strongly objected because 
it would amount to the same- as offering a premium on the wretched traffic in 
human beings ; for the more negroes imported from Africa into any State, the 
greater would be its power in Congress. 

But in this case, also, the matter was finally compromised. The Northern 
States consented that every five slaves should be counted as three persons; 
while the Southern States agreed that direct taxes should be levied on the same 
basis. Although by this plan the Southern States would still have greater rep- 
resentation according to their white population, still they must also pay greater 
direct taxes; and this, it was thought, would be of much advantage to the 
Northern States. But the result proved that the whole advantage lay with 
the South, for the National government became almost wholly supported by the 
custom-house revenues ; and direct' taxation was little resorted to as long as this 
system of apportionment was practiced. 

It was thus settled that the total white population, three-fifths of the slave 
population, and all Indians taxed, should form the basis of representation. 

This remained the law until after the time of the Civil War, when, by amend- 
ments to the Constitution, slavery was abolished, and provision was made for 
apportioning Kepresentatives according to the total population, whether white or 
black, with the exception of Indians not taxed, whose number now is too small 
to need consideration. 

The words servitude, slave and slavery nowhere occur in the original Con- 
stitution, and the authors in every place avoided their use by employing some 
other expression that conveyed their meaning. In the amendments added after 
the Civil War these terms are used. 

2. United States Census. — The actual numbering of the population was 
to take place within three years after the first meeting of Congress. This was 
done in 1790, during the early part of Washington's administration, and the 
Eepresentatives apportioned accordingly. As further prescribed, this has been 
done every ten years since ; so that in every year that ends with a cipher the 
United States census is taken. 

3. Ratio of Representation. — The Constitution does not limit the House 
to any definite number of Representatives ; but it declares that the representa- 
tion must not exceed one for every thirty thousand inhabitants. This regula- 
tion was made in order that the membership might not be too large for the 
convenient transaction of business. The Constitution provided that until the 
census could be taken, each State should send a certain number of Represen- 
tatives, making the membership of the first House sixty-five. 

The ratio of representation, after the first census was taken, was placed at one 
for every thirty-three thousand inhabitants. This raised the number of Repre- 
sentatives to one hundred and six. Had this ratio of representation been 



100 



Government Under the Constitution. 



continued n]3 to 1880. by the census of that year the House would have con- 
tained nearly fifteen hundred members. Every ten years, on account of the 
rapid increase in population, Congress makes a new apportionment of Eepresen- 
tatives, increasing the ratio of representation, until in 1883 it was fixed at one for 
every 151,912 inhabitants ; and even then this made the membership of the 
House three hundred and twenty-five. And in addition to this number are the 
territorial delegates, one from each territory being allowed. 

The ratio of representation is found by dividing the whole population of the 
States ( the territories have no members) by the number of Kepresentatives to be 
chosen. The population of each State divided by this ratio gives the number of 
Eepresentatives each State is allowed. Of course there are always remainders in 
making these divisions, and consequently the results obtained will not together 
equal the entire number of Kepresentatives. Congress then assigns to the States 
having the largest remainders an additional member, until the required number 
is obtained. 

4. Congressional Districts.— After Congress has thus assigned to each 
State its number of Eepresentatives, the State Legislature divides the State into 
as many congressional districts as it has Eepresentatives, each district containing, 
as nearly as possible, such number of inhabitants as equals the ratio of represen- 
tation. These districts are numbered first, second, third, etc., and are always 
referred to by number. Sometimes, after a State has been assigned an additional 
member, the Legislature fails to re-district it at once. In such case the Eepre- 
sentative is voted for on a general State ticket and is called a ^^congressman-at- 
large. " 

5. Each State Represented. — Sometimes a State has not a population as 
large as the ratio of representation. The framers of the Constitution, foreseeing 
such a possibility, provided that every State should have a least one Eepresent- 
ative ; and thus no State, however small its population, can lose its representa- 
tion in the house. 



1. What is the character of the House 
of Representatives ? 

2. How often and when are Represen- 
tatives elected ? 

3. When are they elected in this State ? 

4. What is meant by a "Congress" ? 
6. How are Congresses named ? 

6. What Congress is now in office ? 

7. When did the first Congress begin ? 

8. In what year does each new Con- 
gress begin? 

9. In what years are Representatives 
elected ? 

10. What discussion arose concerning 



the voters who should elect Representa- 
tives ? 

11. How was this question settled ? 

12. What quahfications are required of 
Representatives ? 

13. After it was settled that Representa- 
tives should be apportioned according to 
l^opulation, what dispute arose ? 

14. How was it settled ? 

15. Which side gained the advantage, 
and why ? 

16. What was the basis of representation 
as then fixed ? 

17. When and how was this changed? 



House of Representatives. 



101 



18. What words were purposely omitted 
from the Constitution? 

19. What is said concerning the United 
States census ? 

20. How does the Constitution restrict 
the number of Representatives ? 

21. What was the membership of the 
first House ? 

22. Which State sent the greatest num- 
ber ? 

23. Which States the least ? 

24. What was the ratio of representation 
after the first census? 

25. What was the membership of the 
house then ? 

26. What would it have been in 1880 
by the same ratio? 



27. How often and why is a new appor- 
tionment made? 

28. At what was the ratio of representa- 
tion fixed in 1883 ? 

29. What is the present membership of 
the House ? 

30. How is the ratio of representation 
found? 

31. How are Representatives then appor- 
tioned ? 

32. How are congressional districts 
formed ? 

33. How many congressional districts 
are there in this State? 

34. In which one do you reside ? 

35. What is a " congressman-at-large " ? 

36. Why is each State sure of represen- 
tation ? 



102 Government Under the Constitution. 



TPwENTY-KiKXH Lesson 



:^OLJSK OK RKPRKSKNXATPIVBS, Contintjied. 

Akticle I; Section 2, — House of Bepresentativen, continued. 

4. When vacancies happen in the representation from any State, the executive author- 
ity thereof shall issue writs of election to till such vacancies. 

5. The House of Representatives shall choose their speaker and other officers, and 
shall have the sole power of impeachment. 



I. TaCANCIES in the House. When a vacancy occurs in the representa- 
tion of any State, the governor of that State issues a writ of election for the 
congressional district in which the vacancy occurs. The people of such district 
then, in a special election, choose a Representative to fill the vacancy for the 
remainder of the term for which his predecessor was elected. 

II. Officers of the House. The House chooses its own officers, which 
are : a speaker, who is one of the members of the House ; a clerk, sergeant- 
at-arms, door-keeper, postmaster and chaplain, who are not members of the 
house. 

1. The Speaker. — This is the j^rincipal officer of the House, and as he is 
chosen by the Representatives of the people to be at their head, he is often con- 
sidered the next officer in importance after the President. He represents the 
House on all official occasions, and his j^lace is next the Vice-President. He also 
speaks for the House on all state occasions ; hence his title of speaker. 

He is chosen by the Representatives from among their number. Usually the 
members of each political party select a candidate for this office from those of 
their own political faith, and then these candidates are voted upon. There is 
always great striving after this important office, and sometimes long delays 
occur before a result can be reached. The clerk of the last House presides until 
the speaker is elected. 

The speaker presides over all the deliberations of the House, and it is his duty 
to see that order is preserved. He strikes his desk with his gavel — a small 
mallet — to call the attention of the members and command silence. The great 
power in the hands of the speaker lies in his privilege of selecting all the com- 
mittees of the House. 

This officer, being himself a member of the House, has the same right of 
voting as the other members ; but as a matter of custom he seldom exercises 
this right, except in those cases where it is a necessity, or seems highly advis- 
able. He must always vote when there is a tie and when the voting is by ballot; 
but this method of voting is seldom used. 



House of Representatives. lOS 

2. The Clerk. — This officer keeps the business of the House in order. He 
makes out the roll of members ; takes charge of the bills that are brought before 

the House ; keeps a record of each day's proceedings ; and has other similar 
duties. 

3. The Sergeant- at- Arms maintains order under the direction of the 
speaker. He is the police officer of the House, and represents the power of that 
"body. When the House is in session, he sits facing the members, and behind 
his chair stands the ^^mace," the symbol of the power of the House of Repre- 
sentatives. This was the symbol of power used for centuries in the Eoman 
senate. It is a tall, slender column, about three feet high, consisting of a 
bundle of ebony sticks, bound together and tied by thin bands of silver. Each 
stick ends in a spear-head, and, rising from the midst of these, is a short column 
surmounted by a silver globe, upon w^hich rests a silver eagle with out-stretched 
wings. The mace rests on a marble standard during the sessions of the House, 
but is always taken down at other times. In case of disturbance or disorder in 
the House, the sergeant-at-arms takes it down and bears it to the place of dis- 
turbance ; and usually, at sight of this symbol of the people's power, every 
member becomes orderly. The sergeant-at-arms is also sent to bring absent 
members of the House, when their presence is required ; and, whether it be in 
the middle of the night, or they hundreds of miles away from the Capitol, Avhen 
he comes for them they are under arrest and must obey his commands. When 
the House is in session all night it frequently happens that so many members go 
home as not to leave enough for a quorum. The sergeant-at-arms is then sent 
to bring these absent members, and tliey are requested to give publicly to the 
House an excuse for their absence. Some extremely ludicrous reasons are given 
by members who have no real excuses. 

If in any instance the sergeant-at-arms is not obeyed, the power of the United 
.States Government stands behind him to enforce his orders. 

4. The Doorkeeper. — The charge of the Representatives Hall — of its 
furniture, books and other public property — is in the hands of this officer. 
He allows only such persons to enter as are permitted by the rules ; and he also 
has supervision of the galleries, to which the public is admitted. 

5. The Postmaster superintends the special postoffice kept in the Capitol 
for the convenience of members and officers, and he must see that the mails are 
promptly and safely delivered. 

6. The Chaplain. — Each daily session of the House is opened with prayer by 
the chaplain, who is usually selected from among the clergymen of the city of 
Washington. 

7. Assistants. — Stenographers, clerks, messenger boys, called pages, etc., 
assist the officers in discharging their numerous duties. 

III. Oath of Office. At the opening of the session of each new Congress, 
as soon as all the officers are chosen, the member of the House who has served 
the longest time, and who is therefore called ^^the Father of the House," admin- 



lOJ^ 



Government Under the Constitution. 



isters tlie oath of office to the speaker. This oath is a solemn promise, with the 
help of God, to support the Constitution and laws of the United States, and to 
perform the duties of his office faithfully. After this, the speaker administers, 
the oath to the other officers of the house and to all the Representatives as they 
appear before him by States. 



Then the business of the session is begun. 



IT. Power of Impeachment, The House of Representatives has the^ 
sole power of impeachment. The officers subject to impeachment are the 
President, Vice-President, and all civil officers of the United States. Members 
of the legislative department are not considered civil officers within the mean- 
ing of this provision, and therefore cannot be impeached ; they may, however, 
be expelled. Military and naval officers must be tried before military courts. 

When a complaint concerning one of the above mentioned officers is formally 
entered before the House, the matter is placed in the hands of a committee, wha 
proceed to investigate the charges. If they find these charges well founded, 
they make such report to the House. That body then discusses the question, 
after which a vote is taken. If a majority favor impeachment, articles of 
impeachment are prepared, and a committee is appointed to lay the whole 
matter before the Senate, and to rej)resent the House in the prosecution which, 
follows. 



1. What is done in case of a vacancy in 
the House? 

2. Name the officers of the House ? 

3. Which is the most important, and 
why? 

4. How is he elected ? 

5. What are his duties ? 

6. When does he vote ? 

7. Who is now speaker ? . 

8. What are the duties of the clerk ? 

9. Who is the next officer in importance ? 



10. Describe the mace and its use. 

11. What are the duties of the sergeant- 
at-arms ? 

12. What are the duties of the door- 
keeper ? 

13. Of the postmaster ? 

14. What is said of the chaplain ? 

15. What assistants are there ? 

16. What is said of the oath of office t 

17. What sole power has the house? 

18. How is this power exercised ? 



The Senate. 105 



TTwBNTY-SixxH Lksson, 



TTHK SBNAXK. 



AbticijE I; Sections. — The Senate. 

1. The Senate of the United States shall be composed of two Senators from each State, 
chosen by the Legislature thereof for six years, and each Senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of the first election, they 
shall be divided, as equally as may be, into three classes. The seats of the Se»ators of the 
first class shall be vacated at the expiration of the second year, of the second class at the 
expiration of the fourth year, and of the third class at the expiration of the sixth year, sa 
that one-thu'd may be chosen every second year ; and if vacancies happen, by resignation 
or otherwise, during the recess of the Legislature of any State, the executive thereof may 
make temporary appointments until the next meeting of the Legislature, which shall then 
fill such vacancies. 

3. No person shall be a Senator who shall not have attained to the age of thirty years, 
and been nine years a citizen of the United States, and who shall not, when elected, be 
an inhabitant of that State for which he shall be chosen. 

4. The Vice-President of the United States shall be President of the Senate, but shall 
have no vote, unless they be equally divided. 

5. The Senate shall choose their officers and also a President pro tempore, in the 
absence of the Vice-President, or when he shall exercise the office of President of the 
United States. 

6. The Senate shall have the sole power to try all impeachments. "When sitting for 
that purpose, they shall be on oath or affirmation. When the President of the United 
States is tried, the Chief Justice shall preside ; and no person shall be convicted without 
the concurrence of two-thirds of the members present. 

7. Judgment in case of impeachment shall not extend farther than to removal from 
office, and disqualification to hold and enjoy any office of honor, trust or profit under 
the United States ; but the party convicted shall nevertheless be liable and subject to 
indictment, trial, judgment, and punishment according to law. 



I. Character of Senate. The Senate of the United States, or the upper 
house of Congress, is ordinarily considered a body of much greater dignity than 
the House of Representatives. Its members are presumed to be men of larger 
experience in public affairs and greater renown. It is a much smaller body than 
the House ; greater age and longer citizenship are required of its members, and 
their term of office is three times as long. Senators represent the States as 
distinct and mdividual governments. 

II. Number of Senators, ah the states of the Union have equal repre- 
sentation in the Senate, each sending two members. Thus the small State of 
Rhode Island has the same power in this house as the great State of Texas v/ith 



106 Government Under the Constitution. 

a territory nearly forty times as large, and as the State of New York with its 
twenty-fold population. 

Two Senators were allowed each, that in case one should be absent the State 
might not be left unrepresented. It happened, however, in 1881, that both 
Senators from New York, on account of certain disagreements with the execu- 
tive, suddenly resigned, and left the State for a time unrepresented. But two 
new men were after a little returned in their places. 

III. How Senators are Chosen. The Constitution provides that the 
Legislatures of the States shall choose the United States Senators ; but it does 
not declare in what manner this shall be done. However, by an Act of Congress 
of 1866, the election must be conducted as follows : 

1. The Legislature proceeds to the election of Senator on the second Tuesday 
after its organization. Each house separately, by a viva voce vote, names a 
person for Senator, and enters the name in the journal of the house. Or, if no 
person is given a majority, this fact is also recorded in the journal. 

2. On the following day, at twelve o'clock, both houses meet in joint assembly, 
and the journal of each house is read ; and, if the same person has received a 
majority of all the votes in eacli house, he is declared duly elected United 
States Senator. But if no person received such majorities, then the joint 
assembly chooses, by a viva voce vote, a person for Senator, and that person 
receiving a majority vote of the joint assembly is declared elected. 

3. If, however, no result is reached, the joint assembly meets at twelve o'clock 
on every succeeding day, and takes at least one vote each day during the entire 
session of the Legislature, or until a Senator is elected. 

IT. Term of Office, in considering the length of the term of office of 
Senators, the Constitutional Convention unanimously agreed that it should be 
sufficiently long to secure greater dignity, stability and experience to that body 
than the term of the Representatives would insure. It was thought desirable that 
this body should feel more independent of the people than would be the case were 
its members elected for short terms ; and it would thus be less liable to be influ- 
enced by popular excitement. It was also believed that a longer term would 
induce greater care on the part of those selecting Senators, and would make the 
office worthy the ambition of the ablest men of the country. Still farther, this 
house would then secure the great advantage of long experience and training, and 
would be less liable to desire frequent changes in the laws of the country, thus 
acting as a check on this evil in legislation, which may be as injurious in its 
effects as corrupt laws themselves. 

But there was great difference of opinion in regard to the exact length of 
term which would secure all these advantages, and not be attended with greater 
disadvantages. The terms proposed varied from three to nine years, and even 
life terms were suggested. But the term of six years was at last agreed upon as 
best compromising the matter. 

In several instances Senators have served four terms in succession. 



The Senate. 107 

T. Tote of Senators, in the Congress of the Confederation it will be 
remembered that each State, whatever the number of its delegates, had but one 
Yote. If only one delegate was j)reseut the State had no vote; or, if its delegates 
were equally divided on a question, its vote was lost. In the Senate this was 
changed ; each member votes separately, and his vote counts one, the same as 
in the House of Eepresentatives. Thus questions in the Senate are decided by 
a majority vote of the Senators, and not of the States. 

TI. Division into Classes, in order the better to secure to the Senate 
the qualities mentioned above, it was arranged to have this body perpetual — to 
have the terms of its members expire at different times. For the accomplish- 
ment of this, it was provided that, immediately after the assembling of the first 
Congress, the Senators should be divided int6 three classes ; the first class should 
serve only two years, the second class four years, and the third class six years. 
Thus one-third of the members would retire every second year, and, of course, 
one-third be elected every second year. This provision was carried out, by 
separating the members into three groups, one containing seven, and the other 
two six each, only nineteen being present at that time. The two Senators from 
the same State were in every case placed in different groups, in order that the 
seats of both Senators from one State might never be vacant at the same time. 
Then it was determined by lot which group should constitute each of the differ- 
ent classes. Of course ever after this first arrangement the terms of all Senators 
would be six years, as the Constitution provides. It is necessary, however,^to 
make an exception when a new State is admitted ; one of the two Senators first 
chosen serves a shorter term than the other, in order that the terms of both may 
not expire at the same time. "Which of the two shall serve this shorter term is 
determined by lot. 

Thus, at the time of every election of a new House of Eepresentatives, one- 
third of the Senate is chosen. 

Til. Vacancies in the Senate, if a vacancy occurs in the Senate, 
when the Legislature of that State in whose representation the vacancy occurs is 
not in session, then the Governor of that State must appoint some person to act 
as Senator until the Legislature meets and fills the vacancy. But if the Legis- 
lature is in session at the time the vacancy occurs, then, by act of Congress, a 
Senator must be elected in the manner already described, and the proceedings 
must begin on the second Tuesday after notice is received of the vacancy. 

The person thus chosen serves only for the remainder of the term for which 
his predecessor was elected. 

Till. Qualifications of Senators. 

1. Age. — A Senator must have reached the age of thirty years. 

2. Citizenship. — He must have been nine years a citizen of tlie United 
States. This requires a fourteen years' residence of an alien. 



108 Government Under the Constitution. 

3. Residence. — He must, when elected, be an inhabitant of the State for 
which he is chosen ; but, as in the case of the Representative, residence is only 
required at the time ^vhen lie is 



IX. Officers of the Senate. These are a president, secretary, ser- 
gea7it-at-arms, postmaster, chaplain, lihrarian and doorkeeper. . All these officers 
except the president are chosen by the Senate, but none are members of that 
body. 

1. President of tlie Senate. — The Vice-President of the United States is 
president of the Senate. There seem to have been various reasons for this 
arrangement. As he is chosen merely to succeed to the Presidency in case that 
office becomes vacant during a Presidential term, as long as the President con- 
tinues in office he would have no duties whatever to perform were it not for 
this provision. And, as the States have equal voice in the Senate, it would seem 
advisable that no one of them be given the greater power which this office would 
confer. Lastly, the Vice-President, being chosen by the whole country, would 
naturally be more impartial as presiding officer than if representing a single 
State. 

The Vice-President, not being a member, has no vote in the Senate except in 
the one case wliere the Senate is equally divided on some question. 

As he may be called upon at any time to fill the office of President, and as he 
is sometimes necessarily absent from his seat during a session, it is provided that 
a president pro tempore be chosen by the Senate from among its members, to 
act as presiding officer at such times. This is done on the first day of the ses- 
sion, or at such other time as desired. This latter officer always has a vote the 
same as any other member; and, in case he becomes permanent president of the 
Senate, his salary is increased to that of the Vice-President. 

When the Senate meets on the first day of a new Congress, the new Senators 
take the oath of office before the Vice-President. Each new Senator is pre- 
sented at the desk by his associate from the same State. 

2. The Secretary. — The duties of this officer are very similar to those of 
the clerk of the House of Representatives, with the additional duty of paying 
the Senator's salaries. He has various clerks under him to assist at his work. 

3. Other Officers. — The other officers have duties similar to those of the 
corresponding officers of the House; but the sergeant-at-arms, unlike that officer 
of the House, has control of the different doorkeepers. 

X. Power to Try Impeachments. The Senate has the sole power to 

try impeachments. When a case is brought before it by a committee from the 
lower house, it resolves itself into a court, each Senator taking a special oath 
for the occasion. The proceedings m the case are then similar to those of trials 
in other courts. At the close of the trial the Senate votes upon the guilt of the 
accused, a two-thirds vote of those present being necessary to convict. This 
provision was made in order to prevent the removal of officers by the vote of a 
mere majority, who might be acting from party prejudice. 



The Senate. 



109 



When the President of the United States is on trial, the Chief Justice pre- 
sides. It would plainly be unjust to allow the Vice-President this privilege, as, 
in case of the removal of the President, he would succeed to the office. His 
own interests being thus involved, he might not always conduct the trial impar- 
tially. In all other cases he presides. 

Sentence in case of impeachment is restricted to removal from office, and to 
disqualification to hold and enjoy any office of honor, trust, or profit under the 
United States. The Senate can go no farther than this, but, if the offence 
committed is one punishable by law, the offender may afterwards be tried and 
punished in a court of law, the same as any private citizen. 

Several cases of impeachment have been tried before the Senate; among 
others, one President, Andrew Johnson, who was acquitted. Several Judges 
and one Secretary of War have also been impeached, but most of them were 
acquitted. 

XI. Titles of Members. Both Senators and Eepresentatives are Mem- 
bers of Congress; but in ordinary speech, "Congressman" or "Member of 
Congress " is applied to Eepresentatives and seldom to Senators. Every member 
of each house is addressed as " Honorable; " and after a Representative's name in 
WTitten addresses, " M. C'is placed ; and after a Senator's, "U. S. S." 



Lksson Revik^^at. 



1. What is the character of the Senate ? 

2. How many Senators has each State ? 

3. Who ai-e the i^resent Senators from 
this State ? 

4. Why were two Senators instead of 
one allowed each State ? 

5. Give an instance where a State was 
unrepresented in the Senate ? 

6. How are United States Senators 
chosen ? 

7. What were the views of the Conven- 
tion concerning the term of office of Sen- 
ators ? 

8. What lengths of term were sug- 
gested ? 

9. How was it settled ? 

10. How did members vote in the Con- 
gress of the Confederation ? 

11. How do they vote under the Consti- 
tution ? 

12. Why were Senators divided into 
classes ? 

13. How were they divided ? 



14. What is done when a new State is 
admitted ? 

15. How are vacancies in the Senate 
fiUed ? 

16. What are the qualifications of Sen- 
ators ? 

17. Name the officers of the Senate ? 
] 8. "V^Tio is president of the Senate ? 

19. Why was this arrangement made ? 

20. When does the Vice-President vote ? 

21. What is said of the president pr^o 
tempore ? 

22. When and how do Senators take the 
oath of office ? 

23. What are the duties of the secretary? 

24. What of the other officers ? 

25. TVTiat sole power has the Senate ? 

26. How are imj^eachments tried ? 

27. What is said of the sentence in cases 
of impeachment ? 

28. What cases of impeachment have 
been tried ? 

29. What are the titles of the members 
of both houses ? 



110 Government Under the Constitution. 



Twenty^Seventh Lesson. 



JVIKKTINGS AND F>OWKRB OK CONGRKSS. 

Akticle I ; Section 4. — Elections and Meetings of Congress. 

1. The times, places, and manner of holding elections for Senators and Representatives 
shall be prescribed in each State by the Legislature thereof ; but the Congress may at any 
time, by law, make or alter such regTilations, except as to the places of choosing Senators. 

2. The Congress shall assemble at least once in every year ; and such meeting shall be 
on the first Monday in December, unless they shall, by law, appoint a different day. 

AjRTiciiE I ; Section 5. — Powers and Duties of the Houses. 

1. Each house shall be the judge of the elections, returns and qualifications of its own 
members ; and a majority of each shall constitute a quorum to do business ; but a smaller 
number may adjourn from day to day, and may be authorized to compel the attendance 
of absent members, in such manner, and under such penalties, as each house may provide. 

2. Each house may determine the rules of its proceedings, punish its members for dis- 
orderly behavior, and, with the concurrence of two-thirds, expel a member. 



I. Election of Senators and Representatiyes. Concerning the 

times, places, and manner of holding elections for Senators and Eepresentatives, 
it is left for the Legislature of each State to prescribe for that particular State. 
But the power is given Congress to make or alter all such regulations at any 
time, except as to the place of choosing Senators. This exception is a wise one, 
for, as the State Legislatures elect Senators, it would plainly be an injustice were 
Congress allowed the right of dictating to the several States where their own 
legislative bodies should assemble. As we have already seen in regard to the 
time and manner of choosing Senators, Congress has exercised the power given 
it, by prescribing when and how this shall be done. 

II. Sessions of Congress. 

1. Regular Sessions. — The Constitution requires at least two sessions of a 
Congress, one each year for the two years. This provision is final ; Congress 
itself has no power to alter it. Thus the business of the Nation will be better 
attended to than if it were left in the power of any individual or body to convene 
Congress at j)leasure. 

In regard, however, to the time of assembling. Congress may, by law, appoint 
any day it chooses. But, unless Congress makes different provision, the meeting 
must be on the first Monday in December. This date has been altered by Con- 
gress, but afterward changed back ; and now it stands as at first prescribed. 



Meetings and Powers of Congress. Ill 

The first session of Congress may continue through a whole year if desired, 
only being closed in time for the second session to commence; but the second 
session must end by noon on the fourth day of March following its beginning, as 
at that time a new Congress comes into power. Thus the first regular session is 
usually called the long sessio7i, and the second the sJiort session. 

2. Special Sessions. — Special sessions of either or both houses may be called 
by the President, when in his opinion there is business requiring immediate 
attention. The Fortieth Congress had three special sessions, thus making five 
sessions in the two years. 

3. Daily Sessions. — Each daily sitting of Congress is also called a session. 
Both houses meet each day at twelve o'clock noon, except when they agree upon 
a different hour, and continue in session usually from four to six hours. It some- 
times happens, however, and especially toward the last of a session, that the 
pressure of business is frequently so great as to compel one or both houses to 
remain sitting until after midnight. On the last night of a session. Congress 
always sits till morning. AYhile the houses are assembled, over each chamber 
there floats a flag, which is lowered whenever that particular house adjourns. 

III. Membership. Power is given each house to judge of the elections, 
returns and qualifications of its own members. This is a matter of very great 
importance to any legislative body, in order that it may maintain its independence. 
Quite often there is a contest between opposing candidates as to which one is 
legally elected to a seat in Congress. There must be a power to examine into 
such disputed cases and give final decisions. After the certificates of election 
are issued by the proper State officials, their validity is sometimes questioned by 
the opposing candidates ; in which case either house may go behind the election 
returns and examine into the whole matter. 

If the final decision were left with each State, it might easily happen that the 
party in power would issue certificates to the wrong persons, because such persons 
held the same political views. It might also happen that persons not possessing 
the required qualifications would be legally elected and take their seats in Con- 
gress, unless that body had the power of rejecting them. Until the matter is 
decided, the person holding a certificate of election is just as much a member of 
Congress as though there were no question concerning his right to membership. 

Special committees are appointed in both houses, to investigate all these doubt- 
ful cases and make reports. 

IT. Quorum, a majority of each house constitutes a quorum to do business. 
If this provision did not exist, a scheming minority might, at any time, take 
advantage of the absence of a majority to pass laws in the interest of some few 
individuals, or some small sections, which would be injurious to the Nation at 
large. They might also amend or repeal good laws. 

Although less than a quorum cannot transact any of the business of the House, 
two privileges are given them — one the power to adjourn from day to day in 
order to prevent a legal dissolution of the" body, the other the power to compel 



112 Government Under the Constitution. 

the attendance of absent members, in sucli manner and under such penalties as 
each house may provide. Otherwise a number of members might agree to remain 
away altogether, and thus stop the whole business of legislation. 

Y. Rules of Procedure, in order to accomplish its work properly and 

Tvith facility, it is necessary for any deliberative body to proceed according to 
orderly and well established rules ; and no other authority can prescribe a course 
of proceeding so well fitted to its needs as the body itself. Therefore, the Con- 
stitution places the power to determine its own rules of proceeding with each 
house of Congress. Of course these rules must in no way conflict with the 
provisions of the Constitution. 

It is the custom, at the beginning of a new Congress, for the House of Repre- 
sentatives to adopt the rules of the preceding House, and to appoint a committee 
to consider ncAV rules. The rules of procedure followed in making laws will be 
given hereafter. The following are some of the other rules and customs of the 
two houses of Congress. 

1. Clioice of Seats. — In both houses, some seats are much more desirable 
than others ; and there must be order in selecting these seats, or many misunder- 
standings would arise. 

In the House of Representatives, the members, at each new session, remain 
standing while their names are put into a box and drawn out, one by one, by a 
blind-folded boy. As each man's name is drawn, he chooses his seat and sits 
down. The Democrats always take one side of the hall and the Republicans the 
other. 

The Senators select their seats according to a different custom. A new Sen- 
ator takes any seat which happens to be vacant, and which will, of course, be 
one of the poorest. But if any Senator wishes a seat belonging to some other 
member, he puts his name down in a book kept for that purpose, as being an 
applicant for that particular seat. As soon ds this seat becomes vacant, by the 
final departure of its occupant, it is given to the man whose name is first on the 
list of those desiring it. 

2. Presence of Members. — Every member is required to be present during 
the sittings of his house, unless excused or unavoidably prevented. 

3. Committees. — As in the State Legislature, most of the work of both 
houses is first considered by committees appointed for that purpose. Here, also, 
there are both standing and special committees. The result of their delibera- 
tions is reported to their respective houses, where final action is taken. In very 
many instances Congress approves or disapproves measures according as the 
committees recommend in their reports. Neither house could accomplish the 
great amount of work required of it at one session, were it not for this method 
of proceeding. 

The speaker appoints all these committees in the House, and thus has great 
power in shaping legislation; for, by selecting committees on each subject 
whose views correspond with his own, he insures the bringing in of reports 



Meetings and Powers of Congress. 118 

satisfactory to himself. He is, therefore, in a certain sense the most influential 
citizen of the country. There are oyer fifty standing committees in the House; 
a committee on election, on ways and means, on agriculture, on commerce, etc. 
In the Senate, the Vice-President, not being a member of that body, is not 
allowed the privilege of appointing the committees, but all this is done by a 
special committee selected by the Senate from among its members. As the 
Senate is a perpetual body, its committees change but little from year to year. 
They are arranged so that new members are added as old ones leave. The Sen- 
ator longest on a committee is its chairman. There are about thirty committees 
in the Senate, most of them corresponding to the committees of the House. 

4. Length of Speeches. — In the House of Eepresentatives, the length of 
time a member may occupy in speaking is determined according to its rules ; 
sometimes it is only five minutes, then again an hour or longer ; and there are 
many and various arrangements as to the time and manner of speaking. 

In the upper house a Senator may speak as long as he chooses, and no one can 
stop him. This liberty of speech is considered of great importance to this body 
in maintaining its dignity. Henry Clay once attempted to have a rule made in 
the Senate by which the debate could be stopped; but he failed, and the attempt 
has never since been made. There is one indirect method, however, by which a 
debate is sometimes ended; that is, by the Senate unanimously agreeing to vote 
upon a certain measure at a fixed time in the future. Sometimes a number of 
Senators agree together to defeat some measure obnoxious to them, by talking 
the whole of the time in which the bill can be considered. 

5. Admission of Public. — The public is admitted to all debates in the 
House, and to all in the Senate, with the exception of those which consider 
treaties and the appointment of oflBcers. 

6. Lobbying. — As the public is not admitted to the floor of the house, but 
only to the galleries, wlienever any person wishes to see a member, he must send 
a doorkeeper to request that member to come out into the halls, or lobbies, as 
they are called. These interviews may be of a perfectly honorable nature, but 
very often their object is to influence, by money or otherwise, the votes of the 
Legislators, in a way that shall result in benefit to the persons seeking such inter- 
view. Thus the term lobbying has arisen, and has come to be used entirely in 
the sense of the disreputable influencing of members. 

YI. Punishment for Disorderly Behavior. We have seen that each 

house has power to make its rules of proceedings; but, unless it also possessed 
the additional power of enforcing these rules, they would be of little avail. In 
times of excitement, members may become boisterous and disorderly to such an 
extent as to hinder and even entirely prevent the transaction of business. The 
Constitution gives to Congress the power to punish these members for disorderly 
conduct, in whatever way it deems proper. 

Til. Expulsion of Members. There may be cases where the conduct of 
a member is so improper as to warrant expulsion from the house. Both houses 



m 



Government Under the Constitution, 



have the power to do this; they could not otherwise maintain their dignity and 
independence. But in order to guard against the possibility of a bare majority 
expelling members of the opposite political party, merely for party interests, the- 
Constitution requires a two-thirds vote for the expulsion of any member. 



Lbbsom Rkvib^jst. 



1. What power have the State Legisla- 
tures concerning the election of Senators 
and Eepresentatives ? 

2. How is this power limited ? 

3. In what particulars have they unlim- 
ited power, and why ? 

4. How has Congress exercised its power 
in this matter ? 

5. How many regular sessions must a 
Congress have ? 

6. How is the time of assembling set- 
tled ? 

7. When is this time ? 

8. What is said of the length of the 
sessions ? 

9. What is said of special sessions ? 

10. State what you can concerning daily 
sessions. 

11. What disputes arise over elections of 
members ? 

12. How are these settled ? 

13. If this power belonged ^vith the 
States, what abuses might follow ? 

14. What constitutes a quorum ? 



15. Why is this provision made ? 

16. What powers have less than a quo- 
rum, and why ? 

17. Why was the power of determining 
rules of procedure given both houses ? 

18. What custom is followed concerning 
them? 

19. How are seats chosen ? 

20. What is the rule concerning absence 
of members ? 

21 . Why are committees appointed ? 

22. Tell what you can of the House com- 
mittees. 

23. Of the Senate committees. 

24. What is said of the length of speeches 
in the House ? 

25. In the Senate ? 

26. When is the pubUc admitted ? 

27. What is lobbying f 

28. What is said of punishment for dis- 
orderly beha\dor ? 

29. When and how may members be; 
expelled ? 



Powers and Duties of Congress. 115 



TTw^ENT^Y-ElOHXH LvKSSON. 



POA^KRS AND PRIVIIvKGKS. 

Abticle I; Section 5. — Powers and Duties of the Houses^ continued. 

3. Each, house shall keep a journal of its proceedings, and from time to time publish 
the same, excej)ting such parts as may, in their judgment, require secrecy; and the yeas 
and nays of the members of either house, on any question, shall, at the desire of one-fifth 
of those present, be entered on the journal. 

4. Neither house, during the session of Congress, shall, without the consent of the 
other, adjourn for more than three days, nor to any other place than that in which the 
two houses shall be sitting. 

Section 6. — Privileges of and Prohibitions upon Members. 

1. The Senators and Representatives shall receive a compensation for their services, ta 
be ascertained by law, and paid out of the treasiu-y of the United States. They shall, in 
all cases except treason, felony and breach of the peace, be j)rivileged from arrest during 
their attendance at the sessions of their respective houses, and in going to and returning 
from the same ; and for any speech or debate, in either house, they shall not be questioned 
in any other place. 

2. No Senator or Representative shall, during the time for which he was elected, be 
appointed to any civil office under the authority of the United States, which shall have 
been created, or the emoluments whereof shall have been increased, during such time ; 
and no person holding any office under the United States shall be a member of either 
house during his continuance in office. 



I. The Journal, in order that there may be no secret business transacted, 
and that the public may have full knowledge of what its representatives in the 
law-making department of the government are doing, each house is required to 
keep a journal of its proceedings, and to publish the same from time to time, 
except such parts as in their judgment require secrecy. There may be proceed- 
ings in every legislative body which it would be unwise to publish. For instance, 
during the time of war, publication of the measures of Congress might give the 
enemy knowledge that would prove disastrous' to our cause. Therefore it is left 
to the discretion of each house as to what part of its transactions shall be kept 
secret. 

Publication of proceedings acts as a check on hasty or unwise legislation; 
each member knows that his record is then within reach of the knowledge of 
every person in the land, as well as future fenerations. In addition, it places 
all measures in shape convenient for future reference, which is often necessary 
in transacting business connected with past legislation. 

Besides this journal, an official newspaper, called the Congressional Record, is 
printed daily by Congress. This contains an account of everything done and 



116 Government Under the Constitution. 

said in Congress tlie day before. In it appear, also, speeches of Senators and 
Eepresentatives which have never been delivered in either house. This practice 
arose from the desire of members to appear on record in the public discussions, 
and from the lack of time for all to be personally heard. 

A government printing office is controlled by Congress, to print this paper and 
all public documents, including the President's messages. The public printer is 
appointed by the President. 

II. Recording Yeas and Nays. Whenever one-fifth of the members 
present in either house desire it, the yeas and nays of the members of that house 
on any question must be entered on the journal. The object of this is that a 
record may be made of the vote of each one, and members thus be called to 
account by those whom they represent. This record also shows what persons 
are absent at such times, which is quite an important matter for the people to 
know. Sometimes members absent themselves to avoid responsibility in voting. 

The calling of the roll, which must be done in order to get the vote of each 
one separately and record it, consumes a great amount of time, especially in the 
House of Eepresentatives ; and, on this account, the power of demanding a roll 
call is often greatly abused. When a few men wish to hinder action upon some 
bill to which they are opposed, they succeed in getting one-fifth of the members 
to vote for a roll call ; and, as soon as this is finished, to demand another roll 
call on some trifling point ; and so on until all the time is consumed in which 
the bill could be considered, and the members, from sheer exhaustion, vote to 
adjourn. This is one form of what is caWed fiUbtiste7H7ig ; and it is often kept 
up all night, and for days in succession. In this way it is possible for a small 
minority to defeat a bill which the majority desire passed. 

III. Adjournment, if it were left entirely within the power of either 
house to adjourn for any length of time, and to any place, legislation might be 
seriously hindered, and even brought to an end, by one house adjourning indefi- 
nitely, or adjourning from place to place, and compelling the other to follow it 
about. As a minority has power to adjourn, this might be done in the absence 
of a majority. But to prevent such a possibility, the Constitution declares that 
neither house, during a session of Congress, shall adjourn for more than three 
days without the consent of the other house ; nor to any other place than that 
in which the two houses shall be sitting. Either house, if it wishes to take a 
recess, may adjourn at any time, provided the recess does not continue more 
than three days. 

For an adjournment of any length, both houses must agree upon the time of 
separating and the time of meeting again. In case they cannot come to an 
agreement, as we shall see hereafter, the President has the power to adjourn 
them; but this has never yet happened. 

IV. Salary of Members. 

1. Wliy Paid. — The authors of the Constitution disagreed on the question of 
allowing salaries to Senators and Representatives. A part believed that there 



Privileges of the Meiibers, ^ 117 

should be no compensation, in order that unprincipled persons might not seek 
the office merely for the pay, and thus keep out men of high character and 
attainments. The remainder contended that such an arrangement would close 
the doors of the National Legislature on all poor men, no matter what their 
worth and ability; that Congress would become an aristocratic body, an assembly 
of wealthy men only. This, they declared, would be opposed to every principle 
of democracy. These latter arguments prevailed, and salaries were allowed. 

2. How Paid. — It was thought best to pay these salaries from the National 
treasury, in order to make the members sufficiently independent of State influ- 
ences to freely consider the interests of the Nation at large. Besides, prompt 
payment would thus be insured. Under the Confederation, the States paid 
their members of Congress, and there was often great delay and reluctance in 
the matter. 

3. The Amount Paid. — The compensation of Senators and Representatives 
is determined by law ; that is, by the members themselves. This is another wise 
provision, for the salary which years ago might have been amply large, at the 
present time would be insufficient to cover the bare cost of living. At first the 
salary of members of both houses was fixed at six dollars per day, with certain 
mileage allowed. It has been increased many times since then, until it has 
reached the sum of $5,000 per annum. The speaker of the House and the presi- 
dent of the Senate are paid $8,000 each. Every member is also allowed $125 a 
year for postage, stationery, and newspapers, and mileage at the rate of twenty 
cents for every mile of travel, by the usual route, in going and coming between 
his home and Washington at a session of Congress. 

Although Congress has unlimited power in fixing the salaries of its members, 
it has learned by experience the advisability of keeping within certain limits. 
In 1873 the salary was raised, by Act of Congress, from $5,000 to $7,500; but the 
people expressed such decided displeasure that the law was afterward repealed. 

T, Freedom from Arrest. — Senators and Eepresentatives, while they are 
in attendance at the sessions of their respective houses, and while they are going 
to or returning from these sessions, cannot be arrested, except for crime. Trea- 
son, felony and breach of the peace include all criminal offenses; hence their 
freedom from arrest extends only to actions in civil cases. If it were not for 
this provision, political enemies might, at any time, cause the arrest and deten- 
tion of members of Congress until they could prove the falsity of the charges 
against them; and this could be done at times when their absence would be 
particularly beneficial to the opposing party, by giving it opportunity to pass 
certain laws in its own interests. 

yi. Freedom of Speech. Members of Congress are free to say whatever 
they please in either house, and cannot be questioned, that is, legally called to 
account for it, in any other place. It is for the interests of the Nation that its 
legislative body have perfect knowledge of all measures and of all individuals 
coming within the sphere of its action. In order to gain this knowledge, it is 



118 



Government Under the Constitution, 



necessary that members be free to impart any information they may nave, and 
to express individual opinions concerning these matters. If they were liable to 
prosecution for statements made in Congress, fear of thus being called to account 
would prevent many from a full expression of their views. Of course, if mem- 
bers become violent in speech and make untrue and disgraceful charges against 
their associates or others, they may be compelled to publicly apologize or may be 
expelled. 

yil. Prohibitions upon Members. If a new office is created, or the 

salary attached to any existing office is raised, no person who is a member of either 
house at the time this is done can, during the time for which he was elected, be 
appointed to such office. If this were otherwise, new and lucrative offices might 
be created, and the salaries of others greatly increased, in order that members 
instrumental in accomplishing the measures might resign their seats, and be 
appointed to such offices. 

Besides this, no person holding an office under the United States can, during 
the time he continues in office, be a member of either house of Congress. He 
may be a State officer and at the same time a member of Congress, unless the 
State constitution forbids ; but he cannot draw two salaries from the National 
treasury at the same time. Thus the President cannot select, for his cabinet, 
members of Congress, and by that means ac.<|uire influence in the Legislature, as 
is the case in the English government. 



LESSOM REVIK^NT. 



1. How is the public informed of the 
proceedings of Congress ? 

2. Are all proceedings pubhshed ? 

3. What effect does publication have on 
legislation ? 

i. What newspaper is published by 
Congress, and what does it contain ? 

5. Where is this j^rinting done ? 

6. When and why are the yeas and nays 
recorded ? 

7. How is this power abused ? 

8. What is said concerning adjourn- 
ment? 

9. Why are members paid salaries ? 

10. How are the salaries paid ? 

11. Who fixes the salaries of members ? 

12. What were thev at first ? 



13. What are they now ? 

14. Wliat is allowed in addition to the 
salary ? 

15. What experience did Congress have 
in increasing the salary ? 

16. In what cases, and why, are mem- 
bers free from arrest? 

17. Why should members have freedom 
of speech? 

18. How is this freedom limited? 

19. What prohibition is placed upon 
members concerning their appointment to 
office, and why? 

20. What concerning their being United 
States officers ? 

21. What does this prevent ? 



Mode of Passing Laws, 119 



TTwENTY-NlNTH LeSSON. 



m:odk ok passing i^a^s^s. 

Article I ; Section 7. — Mode of Passing Laws. 

1. All bills for raising revenue shall originate in the House of Kepresentatives ; but the 
"Senate may propose or concur with amendments, as on other bills. 

2. Every bill which shall have passed the House of Bepresentatives and the Senate 
«haU, before it become a law, be presented to the President of the United States ; if he 
approve, he shall sign it ; but if not, he shall return it, with his objections, to that house 
in which it shall have originated, who shall enter the objections at large on their journal, 
and proceed to reconsider it. If, after such reconsideration, two-thirds of that house 
shaU agree to pass the bill, it shall be sent, together with the objections, to the other 
house, by which it shall likewise be reconsidered ; and if aj)proved by two-thirds of that 
house, it shall become a law. But in all such cases the votes of both houses shall be 
determined by yeas and nays, and the names of the persons voting for and against the bill 
shall be entered on the journal of each house resi)ectively. If any bill shall shall not be 
returned by the President within ten days ( Sundays excepted ) after it shall have been 
presented to him, the same shall be a law in like manner as if he had signed it, unless the 
Congress, by their adjournment, prevent its return, in which case it shall not be a law. 

3. Every order, resolution or vote to which the concurrence of the Senate and the 
House of Bepresentatives may be necessary (except on a question of adjournment) shall 
be presented to the President of the United States ; and before the same shall take effect, 
shall be approved by hun, or being disapproved by him, shall be repassed by two-thirds 
of the Senate and House of Bepresentatives, according to the rules and limitations pre- 
scribed in the case of a bill. 



I. Revenue Bills, ah bills by which money is raised for the government, 
■either by direct or indirect taxation, must originate in the House of Representa- 
tives, and never in the Senate. As the people pay the taxes, it is appropriate 
that the body which directly represents them should have the privilege of 
proposing all such laws. This is in imitation of the British House of Commons. 

After these bills are passed by the House, the Senate may propose amend- 
ments to them, and, of course, may pass or reject the bills themselves, or any 
amendments which may be proposed by the House. 

II. Mode of Passing Laws. 

1. Origin and Introduction of Bills. — All other than revenue bills may 
•originate in either House of Congress. Any member may introduce a bill of his 
•own making, or one given him by others for introduction. As all the laws of 
•Congress pass through the same stages, by following the course of a single bill, 
we shall have acquired a general knowledge of law-making. Let us take, for 



120 Government Under the Constitution. 

example, a bill introduced by a Representative. The speaker of the House 
refers it to the proper committee, and the clerk of the House takes the written 
bill and hands it to the clerk of that committee. 

2. Work of Committee. — The committee then proceed at their convenience 
to consider the bill in their room for private consultation ; after which, some 
one of them reports their decision to the House. Each committee has a 
particular day for making these reports, which usually take precedence over all 
other business. 

3. Printing the Bill. — If the committee brings in a report favorable to 
the measure, the clerk has the bill printed, and copies distributed among the 
members. 

4. First and Second Readings. — The bill is then read to the House twice, 
on separate days ; or, if there is any haste about the matter, the House may 
order the two readings on the same day. But if a single member objects to this, 
the readings must be on separate days. 

5. Debate and Amendment. — After the second reading the House proceeds 
to debate the bill, and to make amendments, if desired. 

6. Engrossing the Bill. — The clerk then writes it out in a round, distinct 
hand, on a large sheet of paper. This is called engrossing the bill. 

7. Third Beading. — After the bill is engrossed, it is read for the third 
time by the clerk. This reading may be on the same day as the other two, if 
the House so orders, and no member objects. Otherwise the three readings 
must be on three separate days. 

8. Toting. — After the third reading tlie question is voted upon. This is 
done in different ways. Following one method, the speaker puts the question to 
the House, by asking all those in favor of the bill to say '* aye," and afterward 
all those opposed to say *' no." Then he decides by the sound which side receives 
the most votes. But, unless there is a most decided difference between the two 
sides, this is a very uncertain way of settling a question. 

Another method is for the speaker to first ask all those in favor of the bill ta 
rise and be counted, and then all who are opposed to it. 

Of course, if on any vote one-fifth of the members desire it> the roll must be 
called, and the yeas and nays recorded. 

Still another method, called voting by tellers, is sometimes used in the House, 
but never in the Senate. The speaker selects two men, one representing each 
side of the question, who take their places in the open space before his desk. 
All the other members then pass between them, and are counted. First those 
in favor of the question file past, and the tellers count them, touching each one 
on the back. Then those opposed are counted in the same manner, and the 
result is reported to the speaker. 

9. The Bill taken to the Senate. — If the House passes the bill, the clerk 
takes it to the Senate Chamber, and there formally announces that the House 
has passed the bill and desires the Senate to agree with them. 



Mode of Passing Laws. 121 

10. Proceedings of the Senate. — Nearly the same steps are then taken 
in the Senate as have been in the House. The president of the Senate refers 
the bill to the proper committee, who consider it carefully and report it to the 
Senate. It is then read twice by the secretary, on different days, after which it 
is debated. It may then be amended, by adding to or taking from it. If any 
amendments are made, they are engrossed, and the bill is read the third time, 
and voted upon. 

11. Return of the Bill to the House. — If passed by the Senate, the bill 
is carried back to the House by the secretary, and the fact announced that the 
bill has been passed, either with or without amendments. 

12. Farther Debate by the House. — If amendments have been made by 
the Senate, the House proceeds to debate them ; but the original bill, having 
once been debated by the House, is not again discussed there. 

13. Enrolling the Bill. — When the House has adopted these amendments 
by the Senate, if there were any, the clerk so informs the Senate, and "the bill 
is handed over to the committee on enrolled bills. This committee causes it to 
be enrolled; that is, written out accurately in a large, plain hand, on parchment. 

14. Signatures of the Presiding Officers. — The Speaker of the House 
then signs this parchment co^^y, and informs the House of his action. The 
clerk carries it to the Senate, and there announces that the speaker has signed 
the enrolled bill. The president of the Senate then signs it, and informs the 
Senate of his action, after which the bill is returned to the House. 

15. Signature of the President. — Next it is carried by the committee on 
enrolled bills to the President of the United States. If he approves it, he adds 
his signature, and sends his private secretary to the House to announce the fact. 
The President, in person, carries the bill, which has now become a law, to the 
Secretary of State, who first has a copy made for the public printer, and then 
has the parchment carefully deposited among the public archives of the Depart- 
ment of State. 

16. President's Yeto. — But, if the President of the United States does not 
approve the bill, he returns it to the House, because it originated there, with a 
message stating his reasons for not signing it. These are entered on the journal 
of the House. 

17. Passage over the Teto. — The bill, although vetoed, may still become 
a law. Upon its reconsideration by both houses, if two-thirds of each house 
vote in favor of its passage, it then becomes a law without the President's 
signature. When this vote is taken, the Constitution provides that it must 
always be by yeas and nays, and the names of all persons voting for and against 
the bill must be entered on the journal of each house respectively. 

18. Return of Bill within Ten Days. — If the President does not return a 
bill within ten days, Sundays excepted, after it is presented to him, it becomes 
a law without his signature, unless Congress in the mean time adjourn, and 
thus prevent its return. In such case it does not become a law. This is 
provided to prevent the President from defeating legislation by keeping bills in 



122 



Government Under the Constitution. 



his possession. Also, if he does not exactly approve a bill, and yet does not care 
to veto it, he may, by keeping it beyond the ten days, cause it to become a law 
without the approval which his signature would indicate. But, in case Con- 
gress adjourns in less than ten days after presenting him with a bill, then it 
cannot become a law without his signature, no matter how long he keeps it. If 
this were not so. Congress might adjourn immediately after sending the bill to 
him, in order to prevent its return with objections ; and thus it would become a 
law without any reference to the President's wishes. 

In case Congress does adjourn within ten days after presenting a bill to the 
President, then the latter, if he does not wish it to become a law, may simply 
leave it unsigned. The bill is then said to be ^'^ pocketed." 

19. Conference Committees. — It sometimes happens that the two houses 
cannot agree on certain points in a bill. A conference committee, composed of 
members from both houses, is then selected by the presiding officers. This 
committee confers upon the disputed points, and, if possible, comes to some 
agreement. Their report is usually accepted by both houses. 

20. Bills Originating in the Senate. — Bills originating in the Senate go 
through ex;actly the same process as those originating in the House, except that 
the w^ork of the Senate precedes that of the House in all the different stages. 
Also, instead of the clerk of the House, the secretary of the Senate has the bill 
in charge. 

III. Measures other than Bills. But Congress might attempt to pass 
laws without presenting them for the President's signature, by introducing them 
in some other form than that of a bill. The Constitution therefore declares that 
all orders, resolutions or votes to which the assent of both houses is necessary, 
except on a question of adjournment, must be presented to the President of 
the United States, in the same manner as prescribed in the case of bills. 

Lesson Review^. 



1. What are revenue bills ? 

2. Where must they originate ? 

3. Why is this i)lan a just one ? 

4. What power has the Senate concern- 
ing these bills ? 

5. Where may other bills originate ? 

6. How are they introduced ? 

7. What is the work of the committee ? 

8. What follows this work ? 

9. When and by whom is the bill read? 

10. What follows the second reading ? 

11. What is engrossing the bill ? 

12. When is the third reading made ? 

13. What follows this reading ? 

14. How may the voting be done ? 

15. What is next done T\ith the bill ? 

16. What is the work of the Senate ? 



17. If the bill is passed by the Senate, 
what is done ? 

18. What action of the House follows? 

19. What is enrolling the bill ? 

20. How is the bill then signed ? 

21. What is the final action ? 

22. What is the President's veto ? 

23. How is a biU passed over this veto ? 

24. In what other case does a bill become 
a law without the President's signature ? 

25. Why is this jprovision made ? 

26. When is a bill said to be "pocketed"? 

27. When and why are conference com- 
mittees appointed ? 

28. How are bills passed which originate 
in the Senate ? 

29. Discuss the last clause of section 7. 



Powers Granted to Congress. 



T^HIRTIETH IvBSSON. 



POW^KRS GRANTTKD TO COKGRKSS. 

Article I; Section 8. — Powers Granted to Congress. 
The Congress shall have power : 

1. To lay and collect taxes, duties, imposts and excises; to pay the debts and j)rovide 
ior the common defense and general welfare of the United States ; but all duties, imposts, 
and excises shall be uniform throughout the United States ; 

2. To borrow money on the credit of the United States ; 

3. To regulate commerce with foreign nations, and among the several States, and with 
the Indian tribes. 

I. Party Divisions. The question of how the governmental powers should 
be distributed between the Nation and the States, divided the Constitutional 
Oonyention into two parties. One party strongly favored giving large powers to 
the National Government, while the other as strongly desired that the States 
should retain the largest proportion of power, giving up only such part as would 
insure the existence of a National Government. Thus it was necessary that the 
powers surrendered by the States should be minutely enumerated in the Consti- 
tution, in order that it might always be understood just what the President and 
Congress are authorized to do. 

Ever since the framing of the Constitution, the people have been divided into 
political parties over the question of its interpretation. One party, believing in 
a strict construction, has favored State legislation rather than Congressional; 
while the other party, believing in a liberal construction, has advocated giving 
all possible legislative power to Congress, thus limiting that of the States. 

II. Power of Taxation. 

1. Its Necessity. — We have only to recall the history of the Confederation 
to know how any government must end which does not possess the power of 
raising money to meet its expenses. The authors of the Constitution under- 
stood this, and gave to Congress full power to lay and collect all necessary taxes. 
As it is a principle of free government that the people cannot be taxed without 
their consent, this power was placed in the hands of Congress, the department 
which directly carries out the people's will. 

2. Kinds of Taxes. — As we have already seen, taxes are of two general 
kinds, direct and indirect. The words taxes, duties, imposts and excises, as used 
in the Constitution, do not mean four distinct and different things, but simply 
cover all the usual methods of taxation. The meaning of these words varies 
considerably, and it is impossible to give exact d.efinitions of them. We will 
simply define them as generally used. 



12 Jf. Government Under the Constitution. 

1. Direct Taxes. — The word taxes, as used in tlie clause under consideration ^ 
refers to direct taxes. Previous to the commencement of the Civil War, direct 
taxes were laid but four times by the National Government. Subsequently they 
were levied for a fcAv years, in order to pay the enormous ex]3enses of the war. 

2. Indirect Taxes furnish in great part the National revenue. Duties, im- 
posts and excises cover all kinds of indirect taxation; but, as commonly used, 
duties and imposts refer simply to the taxes on goods imi)orted from foreign 
countries. Farther on, the Constitution forbids the laying of taxes on exported 
goods, otherwise these terms would also cover such taxes. Another word of 
similar meaning, namely, customs, has come to be generally used. Duties on 
imported goods are of two kinds, specific and ad valorem. 

A specific duty is a tax levied on goods according to their quantity or weight, 
without regiird to their value ; as six cents on a pound of coffee, one dollar on a 
yard of silk, and thirty cents on a gallon of molasses. 

Ad valorem is from the Latin, ad and valorem, signifying according to the 
value; hence, an ad valorem duty is a tax laid on articles according to their value; 
as, twenty-five per cent, on the cost of a quantity of silks, or forty 2)er cent, on 
the cost of a case of diamond rings. Tliis duty is always computed on the cost 
of the goods in the country where they were purchased. 

A tariff is a list or table of goods, with the duties to be paid for the same on 
their importation. 

Excises are taxes laid on articles manufactured and used within tlie country,, 
and also on various kinds of business. These taxes make up our internal rev- 
enue. They are cliiefly laid on the manufacture and sale of tobacco and alcoholic 
liquors, and on national banks, which pay a tax of one per cent, per annum on 
their average circulation. Moneys paid for licenses to deal in any commodities 
are excise taxes. 

3. Collection of Taxes. — Indirect taxes, collected under authority of the 
Federal Government, are nearly all paid at the custom-houses and internal rev- 
enue offices of the country, under the direction of the treasury department. The^ 
bank tax may be paid at any United States depository; that is, any bank desig- 
nated by the government according to law to receive and hold its funds. 

Duties are collected at the custom-houses, located at certain ports along tlie 
coast, called jt?or^5 of entry. The States are divided into collection districts, and 
an officer, called a collector of customs, appointed by the President for each district. 
A vessel must first come to one of these ports, and its master deliver a statement 
concerning the cargo. Then an examination is made of the cargo and an esti- 
mate given of the duties to be paid. These must be paid to the collector, or 
ample security given, before he will grant the necessary permit for unloading and 
delivering the goods. If the duties are not paid, the collector seizes the goods, 
which are then forfeited to the government. 

In the case of ad valorem duties, the owner of the merchandise is required to 
swear to the accuracy of his bill of goods ; that is, the cost of the goods where 
purchased. If he makes a false statement, and the fraud is detected, his goods 
are forfeited to the United States, and he himself may be punished. 



Powers Granted to Congress. 125 

Many times goods are secretly landed, or are concealed to avoid paying duties. 
This is called smuggling; and if a person is detected at this, his goods are 
forfeited to the government and punishment inflicted upon himself. The gov.- 
ernment has small, swift-sailing steam vessels, called revenue cutters, which are 
used at the principal ports to assist in enforcing the revenue laws. 

Excise taxes are paid to officers of the internal revenue. 

4. Objects of Taxation. — The objects for which Congress may levy these 
taxes are : 

1. To pay the public debt of the United States. 

2. To provide for the common defense of the country. 

3. To provide for the general welfare. 

Thus no taxes can be laid except for purposes of interest to the N'ation at 
large. The first two objects limit the outlay of taxes to exact channels; the last, 
*' for the general welfare," is broad in its signification, and gives Congress large 
discretionary power. 

5. Uniformity of Taxation. — All duties, imposts, and excises must be 
uniform throughout the United States. A previous provision makes direct taxes 
uniform, by directing that they be laid according to the population. This clause 
declares that indirect taxes shall also be uniform. Thus no State and no indi- 
vidual can ever be compelled to pay more than a just share of the National taxes. 

III. Power to Borrow Money. Congress is given the power to borrow 
money on the credit of the United States. Unexpected emergencies may arise 
in which the ordinary slow methods of taxation would not bring in money in 
time for the sudden demand. Also the amount that could be thus raised might 
not be sufficient to meet the unusual expenses. Without this power of borrow- 
ing money, the government, at such times, would be helpless. 

In our wars with Great Britain and Mexico, it was necessary to borrow large 
sums of money ; and in the Civil War the public debt reached nearly the sum of 
$3,000,000,000. The government issues bonds for the borrowed money, called 
Government Bonds; and the credit of the United States is considered so good 
that these bonds are in great demand as investments, and sell for more than 
their face value, although many of them bear very low rates of interest. 

IT. Power to Regulate Commerce. Previous to the formation of the 
Constitution, the commerce of the country had fallen into a most deplorable 
condition. Congress had no power at all in the matter; and the States, possess- 
ing unlimited power, made all manner of regulations, each pursuing its own 
interests and jealous of all its neighbors. Therefore, in the Constitutional Con- 
vention, ready consent was given to place with Congress the whole power of 
regulating commerce. 

Commerce With FoREiGiq' Natiois's ak"d Among the Several States. 

1. Duties. — We have just seen that the government has power to lay taxes 
on imported goods for the purpose of paying governmental expenses. By this 
provision, giving it power to regulate commerce. Congress could also lay duties 



126 Government Under, the Constitution. 

to any amount considered necessary. Under the Confederation, foreign nations^ 
particularly Great Britain, imposed heavy duties on goods taken into their 
markets from this country. That proved an injury to our people, by preventing- 
the sale of our commodities there. For example, if a bushel of corn sells for 
seventy-five cents in England, and a bushel can be raised here and taken there 
and sold for the same price, then we have an equal chance with the English 
merchant in selling corn there; but if England should place a duty of fifteen 
cents a bushel on corn sent from here, we would be obliged to sell for ninety 
cents a bushel; and of course, as the English corn could be purchased for 
seventy-five cents, we would be shut out of the market. When the power to 
regulate commerce was given to Congress, that body retaliated, by placing duties 
on articles which England sent here. This was done in order to force Great 
Britain to abandon her polic}^ 

It was also thought that duties on imports would protect the commercial 
interests of our country, by shutting out foreign manufactures and thus encour- 
aging our own manufacturing interests. This policy the United States Govern- 
ment has since pursued. 

2. Registering Vessels. — Vessels built and owned in this country may be 
registered on the collector's book as American vessels. A vessel thus registered 
is entitled to the full protection of this government; and, if it is seized or 
injured in any place, the United States Government is bound to demand satis- 
faction of the government whose subjects or citizens have committed the wrong. 
All American vessels may engage in coast trade here, but foreign vessels are 
l^rohibited from such privilege. 

3. Clearance and Entry. — Whenever a vessel, whether foreign or domestic, 
leaves a port, the master must obtain from the collector a certificate stating that 
all the fees have been duly paid, and all other provisions of the law observed. 
This is called a clearance. When the vessel arrives at a port, the master must 
report its arrival, give information of its cargo, and deliver up to the collector 
the clearance. This is called entering the vessel. 

4. Navigation. — Congress also, in the interest of commerce, passes laws for 
constructing light-houses and piers; for providing signal and life-saving stations 
along the coast; for placing buoys and beacons; for removing obstructions from 
bays and rivers; for regulating the number of passengers that may be carried by 
vessels, and the measures that must be taken for their health and safety; and 
for lessening the dangers of navigation in many other ways. 

Commerce with Indians. 

1. Why Regulated by Congress. — When there was no uniformity of 
traffic with the Indians, constant difficulties arose. The Indians were often 
wronged, and, in consequence, committed many murders and depredations. It 
was believed that by a uniform system of commerce, their rights would be better 
protected', and many of the difficulties prevented. 



Powers Granted to Congress. 



127 



IvKSSON RKVIKV^. 



1. What divided the Constitutional 
Convention into parties ? 

2. What did this necessitate '? 

3. What parties have existed since ? 

4. Why was Congress given the power 
to levy taxes ? 

5. What taxes are mentioned in this 
clause of the Constitution ? 

6. What is said of these terms ? 

7. What is meant here by taxes'^ 

8. What words here used cover all 
kinds of indirect taxes ? 

9. What are duties and imposts? 

10. What are customs? 

11. How are duties divided ? 

12. What is a specific duty ? 

13. Wliat is an ad valorem, duty? 

14. Whatisa^ar^;^.^ 

15. WTiat are excises ? 

16. How are these taxes collected ? 

17. What oath must owners of merchan- 
dise make in case of ad valorem, duties ? 

18. What is smuggling? 

19. For what objects can these taxes be 
laid ? 



20. What is said of their uniformity ? 

21. Why was Congress given the power 
to borrow money ? 

22. When has this power been exercised? 

23. What is said of Government Bonds ? 

24. Why was ready consent given to in- 
vest Congress with the power of regulating 
commerce. 

25. What power does this give Congress 
over duties ? 

26. Under the Confederation, how was 
our commerce injured by foreign nations ? 

27. Give illustration. 

28. How did Congress retaliate ? 

29. What policy has the United States 
government always pursued ? 

30. What is meant by registering ves- 
sels? 

31. What is a clearance ? 

32. What is an entry f 

33. What does Congress do concerning 
navigation ? 

34. Why was Congress given the power 
to regulate commerce with the Indians ? 



128 Government Under the Constitution, 



T^HiRTY-KiRST Lesson. 



POVw^BRS GRANTrKD TTO CONGRKSS. 

Article I ; Section 8. — Poioers Granted to Congress, continued. 

4. To establish a uniform rule of naturalization, and uniform laws on tlie subject of 
bankruptcies, throughout the United States ; 

5. To coin money, regulate the value thereof and of foreign coin, and fix the standard 
of weights and measures ; 

6. To provide for the punishment of counterfeiting the securities and current coin of 
the United States ; 

7. To establish post-offices and post-roads ; 

8. To promote the progress of science and useful arts, by securing, for limited times, to 
authors and inventors, the exclusive right to their respective writings and discoveries; 

9. To constitute tribunals inferior to the Supreme Court. 



I. Naturalization. 

1. Definition. — Naturalization is the legal process by which an alien or for- 
eigner becomes invested with the rights of a citizen. In the United States this 
gives him all the privileges of a native born subject, except eligibility to the 
presidency and vice-presidency. 

2. Uniformity of Laws. — Congress is given exclusive power to pass laws 
regulating naturalization. This, like most of the provisions of the Constitution, 
was made in order to correct an error of the Confederation, which left all such 
power to the individual States, and gave rise to much difficulty on account of 
the diversity of their laws. Congress has established a uniform rule, by which 
an alien may become a naturalized citizen of the United States, as also of the 
State or territory in which he resides at the time, and of any State or territory 
to which he may remove. 

3. Laws of Naturalization. — Xo alien can be compelled to become a citizen 
of the United States ; but, if he so desires, after having resided here five years, 
he may become one. The following is the process: 

1. He must make oath or affirmation, before a court, that he intends to become 
a citizen of the United States, and to renounce forever all allegiance to any other 
government. This declaration of intention, as it is called, must be made at least 
two years before the final steps are taken. It may be made upon his first arrival ; 
but, of course, he would have to wait until the end of the required five years to 
receive his naturalization papers. 

2. When the necessary length of time has expired, he must prove satisfactorily 
to the court that he has resided five years in the United States, and one year m 



Powers Granted to Congress. 129 

the State or territory in which the court is held. He must then make oath or 
affirmation that he voluntarily renounces forever all allegiance to any foreign 
government, and particularly the one of which he has before been a subject, 
and that he will support the Constitution of the United States. He is also 
required to renounce any title of nobility he may have. 

3. There is one exception to this rule. A soldier may oecome a citizen of the 
United States if he is twenty-one or more years of age, has served one year in 
the United States army, and received an honorable discharge, and makes the 
proper oath of allegiance to our government. The fact of his wishing to defend 
the country is thought sufficient evidence of his good faith in becoming a citizen. 

4. Children born in foreign countries, whose parents are citizens of the United 
States, are American citizens. The children of naturalized parents are citizens 
of the United States, provided they were under the age of twenty-one years at 
the time their parents were naturalized. 

II. Bankruptcy. When a person is unable to pay his debts, he is said to 
be hankrupt; and a law which releases a debtor from all future payment of such 
debts, upon his giving up his entire property to his creditors, is called a hanhrupt 
Jaiv. 

The object of bankrupt laws is two-fold : 

1. To satisfy creditors, as far as the entire property of the debtor will do so. 

2. To relieve an honest but unfortunate debtor from liability to imprisonment, 
•and secure to him his future earnings, in order that he may be encouraged to 
commence business anew. 

Congress is given full power to make uniform bankrupt laws, and three times 
has exercised the right ; but in every case the general opinion seemed to be that 
the laws worked in favor of dishonest debtors, by allowing them to escape from 
the payment of their just debts. These laws were therefore each time repealed. 

Many of the States have passed bankrupt laws of their own, which they are 
free to do as long as Congress does not exercise its right ; but if at any time Con- 
gress should pass new bankrupt laws, those State laws which in any way conflicted 
would become void. 

III. COINAGrE OF Money. Congress alone has the power to coin money, 
.and to regulate its value and that of foreign coins. The coining of money ia 
every country is an exclusive privilege of sovereignty. The power here is placed 
with Congress, the representatives of the sovereign people. Exercising this 
power, Congress has passed laws by which our Nation has a uniform and con- 
venient decimal currency. 

Congress also, besides coining and regulating the value of our own money, 
fixes the value of foreign coins ; that is, it determines what amount of our 
money foreign coins shall equal. If this were not so, different States might fix 
different values for the same foreign coins, thereby causing great wrong and 
-confusion. 

As is well known, coin is not the only form of money in circulation in this 
•country. It is very largely used in the Pacific States ; but otherwise the great 
9 



130 G0VERN3IENT UnDER THE CONSTITUTION. 

Yolume of our circulating medium consists of paper money, which has come to 
be generally referred to as currency. This comprises national bank bills or notes, 
ordinarily called national currency, United States treasury notes, popularly known 
us greenhachs, and gold and silver certificates. Of these, gold coin, silver dollars 
and greenbacks are legal tender ; tliat is, if a creditor demands it, the debt, if 
over ten dollars, must be paid in some one of these forms of money. Silver 
coins below one dollar in value are legal tender in sums of not more than ten 
dollars, and copper and nickel coins in sums of not more than twenty-five cents. 

IT. Weights and Measures. The power is also given Congress to fix the 
standard of weights and measures ; but it has never yet exercised this jDower. 
The States, therefore, can adopt their own standards. Congress has, however,, 
obtained accurate copies of English standards and adopted them for use in the 
custom-houses of the country. It has also legalized the metric system, but has. 
not made its use obligatory. This system is little used except by scientific men. 

In 1836 the United States government sent each State a full set of weights, 
and measures as used in the custom-house. These have been adopted by the 
States as their standards, so that we have a uniform standard throughout the 
country. This is A-ery necessary for convenience in trade, and without it there 
would be great embarrassment. 

y. Counterfeiting. The power is given Congress to punish the counter- 
feiting of the securities and current coin of the United States. By securities is 
meant bonds, treasury notes, and other evidences of indebtedness of the United 
States Government. 

If Congress could not inflict punisliment for this crime, there would soon be 
so much spurious coin and securities in circulation that the genuine ones would 
become worthless, and people would be afraid to use money as a medium of 
exchange. Therefore laws have been passed on this subject, by which counter- 
feiting either domestic or foreign coin and securities is punished by heavy fines, 
iand long terms of imprisonment. 

YI. PoST-OfFICES A^D Post-Roads. Were the individual States left to 
regulate their own postal systems, the confusion and delay that would result in 
the transmission of our vast amount of mails would be of the greatest injury to 
both the private business and public interests of the people. It was wisely left 
with a single ]Dower, Congress, to exercise control over this department. Its 
general management is placed in the hands of the Postmaster General, and the 
subject will be farther discussed in connection with that officer. 

A post-road is one over which the mail is carried ; and any railroad, river,, 
canal, pony trail or wagon route becomes a post-road when provision is made by 
the government for the carrying of mail upon or over it. Congress has not 
found it necessary, except in rare instances, to establish post-roads, the roads 
opened by the inhabitants of the country having been, in general, sufficient. It 
has, however, often appropriated money for building bridges and making other 
improvements. 



Powers Granted to Congress, ISl 

Til. Protection of Authors and Inventors. The progress of science 

and the useful arts is promoted by new books and new inventions. But poor 
men could not afford to spend their time and labor in writing new books and 
making new inventions, and few rich men would care to do so, if anyone could 
print and sell their books, or manufacture and sell their inventions, and thus 
take from them the reward of their labors. 

The power to regulate this matter was given to Congress, because no State had 
power to punish infringement outside its limits. Congress has, therefore, enacted 
copyright emd patent laws, by which authors and inventors have secured to them, 
for limited times, the exclusive right to their Avritings and discoveries. 

But Congress can only secure this right for limited times. To give authors 
and inventors the sole right to their works for unlimited periods of time would 
tend to check the progress of literature and invention, by establishing continuous 
monopolies. 

1. Copyrights. — An author of a book, map, engraving, chart, photograph, 
dramatic or musical composition, print, cut, painting, drawing, chromo, statue, 
statuary, model, or design for a work of the fine arts, may, if he desires, with 
very little trouble and expense, secure a copyright for his production. This 
copyriglit gives him the sole right to print, publish and sell his literary produc- 
tion, or multiply and sell copies of his work of art, for the term of twenty-eight 
years. At the expiration of that time, the copyright may be renewed for an 
additional term of fourteen years, either by the author, or, in case of his decease, 
by his living representatives. 

The method of securing a copyright is as follows : 

1. Before publication, a printed copy of the title of the book, map, chart, 
dramatic or musical composition, engraving, cut, print, or photograph, or a 
description of the painting, drawing, chromo, statue, statuary, model, or design, 
must be sent to the Librarian of Congress, Washington, D. C, together with a 
fee of one dollar. This is all the charge for securing a copyright. 

2. Within ten days after publication, two copies of the work must be sent to 
the same official. In the case of a print, drawing, statue, statutary, model, or 
design for a work of the fine arts, a photograph of the same must be sent. 

3. Notice of, copyright must appear on the title page, or the page following, 
of every copy of a book, and upon the visible portion of every other article, by 
inscribing there either of the two following forms : 

Entered according to Act of Congress, in the year , by , in the office 

of the Librarian of Congress, at Washington; or 
Copyright by . 

2. Patents. — A patent is the sole right to make, use or sell a new invention. 
Letters patent are the official documents granting a patent. Patents are granted 
by the United States government for four classes of inventions: a new or useful 
art, machine, manufacture, or composition of matter, also any new and useful 
improvement on such. 

In securing a patent there is much' more to be done than in the case of a copy- 
right; and the expense is much greater. 



132 



Government Under the Constitution. 



First, an application in writing, signed by the inventor, must be sent to the 
Commissioner of Patents, AYashington, D. C. The applicant must give a full 
description of the invention, and send drawings and models in cases that admit 
of them, and specimens of each ingredient in cases of composition of matter. 
He must distinctly state what imi)rovement he claims as liis own discovery. 

The discovery or invention must not have been in public use or on sale for 
more than two years before making the application. Examination is made at 
the patent office, by clerks or examiners, to see if the invention has not been 
before discovered. Tliere are various other steps to be taken; and by circulars 
obtained from the Commissioner of Patents, all necessary information regarding 
the matter may be obtained. 

Patents are issued for a term of seventeen years. Each article must be marked 
with the word ^^ patented,'' the day and year when the patent was granted being 
also given. 

yill. Inferior Courts. Under the i^ower granted to establish inferior 
courts, Congress has created a s^'stem of courts which will be described under 
the United States Judiciaky. 



Lesson: Rkvik^^, 



1. What is naturalization ? 

2. Why was Congress given control of 
this matter ? 

3. Who compels an alien to become a 
citizen ? 

4. How long residence is required l)e- 
f ore naturalization ? 

5. What is the first step to be taken ? 

6. What is the final act ? 

7. What is the excei^tion to this rule ? 

8. What are the laws in regard to chil- 
dren ? 

9. Define bankrupt and bankrupt laws. 

10. What is the object of bankrux^t laws? 

1 1 . How has Congi*ess exercised its power 
in this matter ? 

12. T\Tiat have the States done ? 

13. What x^o'^ei' h'^s Congress over 
money ? 

14. How has it exercised this power ? 

15. What power has Congress concern- 
ing foreign coins ? 



10. What is said of currency f 

17. What of legal tender ? 

18. Wliat is said of weights and meas- 
ures ? 

19. Discuss counterfeiting. 

20. What is said of the power of Con- 
gress over i)ost-ofifices and post-roads? 

21. Why should authors and inventors 
be i3rotected ? 

22. Why was this power given Congress ? 

23. What is a copyright, and what works 
may be co^^y righted ? 

24. How long does a copyright endure ? 

25. Explain the process of procuring a 
cojjyright. 

26. What is a patent, and for what se- 
cured ? 

27. How is this done ? 

28. For how long are patents issued ? 

29. How must patented articles be 
marked ? 

30. What is said of inferior courts ? 



Powers Granted to Congress, ISS 



TThirty-Second Lesson. 



POA^KRS GRAlsnrKD TO CONGRKSS. 

Article I; Section 8. — Powers Granted to Congress, continued. 

10. To define and punish piracies and felonies committed on the high seas, and offences 
against the law of nations ; 

11. To declare v.ar, grant letters of marque and reprisal, and make rules concerning 
captures on land and water ; 

12. To raise and support armies ; but no appropriation of money to that use shall be 
for a longer term than two years ; 

13. To x^rovide and maintain a navy ; 

14. To make rules for the government and regulation of the land and naval forces ; 

15. To i^rovide for calling forth the militia to execute the laws of the Union, suppress 
insurrections, and repel invasions ; 

16. To ijrovide for organizing, arming and disciplining the militia, and for governing 
such XDart of them as may be employed in the service of the United States, reserving to 
the States respectively the appointment of the officers, and the authority of training the 
militia according to the discipline prescribed by Congress ; 

17. To exercise exclusive legislation in all cases whatsoever, over such district (not 
exceeding ten miles square ) as may, by cession of particular States and the acceiDtance of 
Congress, become the seat of government of the United States, and to exercise like 
authority over all places jiurchased, by the consent of the Legislature of the State in 
which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and 
other needful buildings ; and 

18. To make all laws which shall be necessary and proi3er for carrying into execution 
the foregoing powers, and all other j)owers vested by this Constitution in the government 
of the United States, or in any department or officer thereof. 



I. Piracies and Felonies on the High Seas. 

1. Definitions. — Piracy is commonly defined as forcible robbery or dejoreda- 
tion on the high seas, without lawful authority. The. same offence is called 
robbery on land, and inracy on the high seas. 

The tQYxn. felony , in American law, is generally applied to any high crime pun- 
ishable by death or imprisonment, as murder, manslaughter, arson, burglary, etc. 

On account of the diversity that may and does exist in the definitions of these 
words. Congress is given the power to define them, in order that there may be 
uniformity. It has passed several acts declaring what crimes shall be treated as 
l^iracies. Principal among these, in modern times, is the slave trade. 

By high seas is meant, not only the waters of the ocean which are out of sight 
of land, but also the waters of the sea-coast below low-water mark, whether 
within the boundaries of a nation or state. 



13 Jf. Government Under the Constitution. 

2. Power of Punishment. — Naturally the power to punish crimes on the 
high seas belongs to the National Government, as the jurisdiction of the States 
does not extend outside their limits. And as Congress has control of commerce 
and all foreign relations, the power of protecting navigation of necessity belongs 
to that body. 

II. Offences Against the Law of Nations. Foreign nations natu- 
rally hold the National Government responsible for offences committed by its 
citizens against their laws. Americans are, to them, citizens of the United States, 
and not of individual States. Therefore, unless the National Government had 
the power to punish such offences, there would be constant danger of controversy 
and war with other nations. Congress may also define as well as punish these 
offences. 

III. Declaring War. The power to declare w^ar is one of the highest 
privileges of national sovereignty, and one that should be exercised with the 
most extreme care. In monarch ial governments this power belongs to the mon- 
arch, and is often used unnecessarily as a means of securing w^ealth and glory, or 
avenging imaginary wrongs. But it is the people who have to bear the burdens 
of war, and therefore tlie people should have the power to say whether war should 
or should not be. Here they have this power, through their representatives in 
Congress; and the chief executive is denied so dangerous a privilege. 

IT. Letters of Marble and Reprisal. 

1. Definition. — Marqne, derived from a word meaning boundary, is a license 
by the government to go beyond the limits of one's own country for the purpose 
of making reprisals. This latter word signifies a taking in return, by way of 
retaliation. 

Letters of marque and reprisal are commissions from the government, author- 
izing private persons to seize the property of an enemy, as a satisfaction for some 
injury committed. 

2. When and How Used. — These letters are generally granted in time of 
war, to the owners or masters of armed vessels which are jorivate property, and 
which, when thus commissioned, are called 2:frivateers. This commission i^ermits 
the capture of any of the enemy's vessels, whether owned by the government or 
private citizens, and wdiethcr armed or not. The owner and crew of a privateer 
are allow-ed to have the property captured. 

Even in time of peace, these letters are sometimes granted by a government 
to subjects who have been wronged by the subjects of another nation and are 
denied justice, in order that the injured parties may obtain satisfaction for their 
injuries. 

Formerly privateering was a common practice; but in more recent times it has 
come to be looked upon as disreputable, and little more than legalized piracy. 
Nearly all of the highly civilized nations have discontinued its practice. 

3. By Whom Granted. — Congress has the sole power to grant these letters. 
As the tendency of reprisals is to provoke war in time of peace, and as, in time 



Powers Granted to Congress. 135 

of war, they are merely one means of carrying on the war, the power, of right, 
belongs exclusively to the National Government. 

T. Captures on Land and Water. The power of making rules con- 
cerning captures on land and water belongs, with the other war powers, to 
Congress. The captured property is called a prize, and is usually distributed 
among the captors as a reward for bravery. But first a competent United States 
court must decide that the property was legally captured from the enemy, that 
is, was captured according to the prescribed rules of honorable warfare. This 
is to guard against the liberties and abuses which always accompany war. 

TI. Raising and Supporting Armies. The experience of the govern- 
ment during the Eevolution, when it could declare war but could not raise or 
pay a single soldier, clearly demonstrated to the country the need of such power 
in the hands of the National Government. Therefore, as Congress was given 
the privilege of declaring war, the power to raise and support armies was joined 
with it. 

But Congress cannot make any appropriation of money for this purj^ose for a 
longer term than two years. This restriction w^as placed on its power, in order 
that no Congress might vote appropriations so far ahead as to make it possible 
for the President, wdio is commander-in-chief of the army, to gather so large a 
force under his control that he could defy the power of Congress and overthrow 
the government. It was also done to prevent the keeping of a large standing 
army. As the army is dependent for its support upon the appropriations of every 
new Congress, by refusing to vote such means of support, any Congress could 
cause the dismemberment of an armed force that was threatening the liberty of 
the people. ^Appropriations are now made annually, and the army is thus kept 
closely under the control of the people's representatives. 

YII. Providing and Maintaining a Nayy. For a country like ours, 

a navy is as indispensable as an army. Not only is it needed to protect com- 
merce, fisheries and navigation, but, in time of war, to protect our long stretches 
of seacoast from the enemy. Many of our chief commercial cities are located on 
the coast, and their possession would give dangerous advantage to oj^posing forces. 
The navy of any nation consists of the whole number of its ships of war taken 
together. The power to provide and maintain a navy belongs with the power to 
raise and support armies. 

Till. The Goyernment and Regulation of the Land and Nayal 

Forces. Congress, exercising the jiower given it, has enacted a code of rules 
for the government and regulation of the army and navy, both in time of peace 
and of war. These rules together are called the military law. 

IX. The Militia. As we have but a small standing army, our country 
places its main reliance upon the citizen-soldiers or militia of the States, both to 
protect it against foreign invasions and to quell domestic insurrections. There- 



136 Government Under the Constitution. 

fore the power to provide for calling forth this militia belongs with Congress, 
who has the power to declare war. It may be called out: 

1. To execute the laws of the United States. 

2. To suppress insurrections. 

3. To repel invasions. 

Congress has exercised its privilege by conferring upon the President the power 
of calling forth the militia whenever a necessity provided for by the Constitution 
arises. 

To the National Legislature is also given the power to provide for organizing, 
arming and disciplining tlie militia. But to the States is reserved the privilege 
of appointing officers, and of training the militia, which latter must be done 
according to the discipline prescribed by Congress. Harmony of action, when 
it comes to actual service in the field, is a necessity, and is only possible when 
troops have been organized, armed and disciplined under a uniform system. 

X. Ceded Districts. 

1. District of Columbia. — Near the close of the Revolutionary War, when 
the old Continental Congress Avas in session at Philadelphia, it was at one time 
subjected to insult by some insolent mutineers of the American army. The 
Pennsylvania State authorities giving it no protection, it was forced to remove 
to Princeton, X. J., in order to escape open violence. At various other times it 
was necessary to change the seat of government. 

By reason of these experiences, the framcrs of the Constitution appreciated 
the necessity of giving to the United States absolute control over its seat of gov- 
ernment. The clause to this effect was therefore inserted in the Constitution. 

When the National Government organized, there was, at first, great jealousy 
between the States with reference to the location of the National Capital. The 
principal cities of the Middle States, Philadelphia and New York in particular, 
contended for the honor. They thought thereby to gain great importance and 
perhaps acquire larger influence in the General Government. Partly to avoid 
this very possibility. Congress decided to locate the seat of government at an 
entirely new place. 

In 1788-9, Maryland and Virginia ceded to the United States a tract of land 
containing one hundred square miles, lying each side of the Potomac River. 
This section was the choice of the patriot whose name the capital city bears. 
The government was removed there in December, 1800, where it has since 
remained. But the section proved so much larger than was needed, that, after 
nearly sixty years, the gift of Virginia, about forty-five square miles, was returned 
to her, leaving the District w^holly on the Maryland side of the river. It is now 
almost entirely occupied by the cities of Washington and Georgetown, with their 
suburbs. 

This District is neither a State nor a territory. Its inhabitants do not vote, and 
have no representatives in the National Legislature. Congress, having entire 
control of the District, makes special laws for its government. It has placed 
the general management in the hands of three commissioners, two of whom are 



Powers Granted to Congress. 137 

appointed by the President and Senate for three years, while the third is an officer 
of the corps of engineers of the army, selected by the President. 

2. Other Ceded Districts. — Congress also has exclusiye control over all 
places purchased for the erection of forts, magazines, arsenals, dock-yards and 
other needful buildings, provided these places are purchased by the consent of 
the Legislatures of the States in which they are. It is only by consent of the 
Legislatures that the State governments lose their jurisdiction over these places; 
and the National Government cannot force them to do this. Unless such con- 
sent is given, the State still has jurisdiction over places held by the United States 
within its limits. 

It is very important that Congress should have exclusive control over such 
l')laces, in order to prevent misunderstandings as to jurisdiction between the 
National Government and the State governments. The inhabitants of these 
ceded places are, legally, no longer inhabitants of the State, and do not possess 
the civil and political rights which would belong to them under the laws of the 
respective States. 

Quite generally the States reserve the right to serve all State processes, both 
civil and criminal, upon persons found therein, in order to prevent such places 
from becoming retreats for fugitives from justice, who have committed crimes 
against State authority. 

XI. Implied Powers. When a person is given the power to do some 
particular thing, it is reasonable to suppose that the use of means necessary to 
accomplish that thing is also granted. The Constitution gives Congress power 
to do various things, and, necessarily, the right to use all means needed for the 
accomplishment of these things belongs with it. 

But in order, evidently, to settle any questions that might arise concerning 
the supreme authority of Congress over all National matters not expressly for- 
bidden by the Constitution itself, the eighteenth clause was added. It gives 
Congress the privilege of making all laws necessary and proper for carrying into 
execution all power vested by the Constitution in the Government of the United 
States, or in any department or office thereof. 

This was called the "sweeping clause" by Patrick Henry, and is often said to 
give Congress power to do anything and everything. Great opposition to it was 
exhibited by those favoring large State powers, when the Constitution was under 
discussion ; and it is over these implied powers of Congress that parties favoring 
a strict or a liberal construction of the Constitution divide. 

Under the right of implied powers. Congress has passed some of the most 
important of its laws. The purchase of great tracts of foreign territory, the 
establishment of national banks, and the law making greenbacks legal tender, 
are amous^ these. 



138 



G0VERN3IENT UnDER THE CONSTITUTION. 



Lksbok Rkvikw. 



1. Define piracy and felony. 

2. Why may Congress define these 
"words ? 

3. What is meant by high seas? 

4. Why is Congress given the power of 
punishing crimes on the high seas '? 

5. Why the power of pnnishing ofiences 
against the law of nations ? 

6. How impoi*tant is the power of 
declaring war ? 

7. How is it abused by monarchs ? 

8. Why should the jjeople have this 
power ? 

9. What ' are letters of marque and 
reprisal / 

10. When and how are they granted ? 

11. How is this matter looked upon now? 

12. Who has the power to grant them 
iere, and why ? 

13. What is a 2^f'ize ? 

14. What is done ^dth it ? 

15. Wliat power has Congress over this 
subject ? 

16. By what jjower are our armies raised 
and supported ? 

1 7. Why Avas this given Congress ? 



18. What restriction is placed on this 
power, and why ? 

19. Why do we need a navy ? 

20. What is a navy ? 

21. What power has Congress over the 
navy ? 

22. What is military law? 

23. Upon Avhat do Ave mainly rely for 
protection ? 

24. When may the militia be called out ? 

25. Who has this poAver ? 

2G. What other j^oAver has Congress over 
the militia ? 

27. Discuss the District of Columbia. 

28. Over Avhat other places has Congress 
control ? 

29. HoAv does it acquire this control ? 

30. Why is such control necessary? 

31. What rights do the States reserve ? 

32. AVliat is meant by implied poAvers ? 

33. What is the "sweeping clause," and 
Avhy added ? 

34. What important laAvs have been 
passed T)y Congress under the right of 
implied i)owers ? 



Prohibitions Upon the United States. 139 



T^HIRTY-T^HIRD LbSSON, 



AETiciiE I; Section 9. — Prohibitions Upon the United States. 

1. The migration or importation of sucli x^ersons as any of the States now existing shall 
think proper to admit, shall not be prohibited by the Congress prior to the year one 
thousand eight hundred and eight; but a tax or duty may be imposed on such importation, 
not exceeding ten dollars for each person. 

2. The jDrivilege of the writ of habeas corpus shall not be suspended unless when, in 
«ases of rebellion or invasion, the i^ublic safety may require it. 

3. No bill of attainder or ex post facto law shall be j^assed. 

4. No capitation or other direct tax shall be laid, unless in ^jroportion to the census or 
enumeration hereinbefore dii'ected to be taken. 

5. No tax or duty shall be laid on articles exported from any State. No preference 
shall be given, by any regulation of commerce or revenue, to the ports of one State over 
those of another ; nor shall vessels bound to or from one State be obliged to enter, clear, 
■or pay duties in another. 

6. No money shall be drawn from the treasury, but in consequence of approj^riations 
made by law ; and a regular statement and account of the receipts and expenditures of all 
public money shall be published from time to time. 

7. No title of nobility shall be granted by the United States ; and no person holding 
any office of i3rofit or trust under them shall, Avithout the consent of the Congress, accept 
of any present, emolument, office or title of any kind whatever, from any king, prince or 
foreign State. 

I. The SLAYE Trade. As far back as the history of the human race 
reaches, slavery is known to have existed. Barbarous and civilized nations alike 
have upheld and followed this practice. Among the ancient races the slave trade 
was a regular branch of commerce, and even at the time of the formation of the 
Constitution it was carried on to a certain extent by every civilized nation in 
Europe. Many of the American colonists, however, looked upon this practice 
Avith disfavor, and attempted to check it while they were still under British rule; 
but the English government refused to listen to their ajDpeals, and in every way 
favored importing slaves into the colonies. After the colonies became States, 
many of them prohibited the foreign slave trade; and in the Constitutional 
Convention there were many of the delegates who strongly condemned the whole 
system of human servitude. But the delegates from those States which still 
imported slaves, and vrhose climate and soil were favorable for negro labor, 
insisted that the right of importing slaves should be secured to the States, and 
that, otherwise, their States would not ratify the Constitution. The opposing 
party thought such a provision would dishonor a government founded on prin- 
ciples of liberty and equality ; and some opposed it on the ground that it gave a 



IJfi Government Under the Constitution. 

State opportunity to increase its representation in Congress by importing slaves: 
from Africa. 

But, though the majority were in favor of leaving Congress free to prohibit 
the trade at any time, it was evident that so many States, in such case, would 
reject the Constitution, that this majority partially yielded. They agreed to leave 
the slave-trade free for twenty years, or until 1808, with the condition, however, 
that a tax or duty might be imposed, not exceeding ten dollars, for each person 
imported. 

After the adoption of the Constitution, although Congress could not prohibit 
the importation of slaves into the States, it did all in its power to otherwise 
prevent the traffic. It passed acts prohibiting the people of the United States 
from transporting slaves from the United States to any foreign country, or 
between foreign countries, for purposes of traffic. And just as soon as the twenty 
years had expired, on the first day of January 1808, an Act of Congress took 
effect, imposing heavy penalties upon any person who should engage in the 
slave-trade. Other acts followed, increasing these penalties; and in 1820 foreign 
slave-trade was declared to be piracy, punishable with death. All of these acts 
referred to foreign slave-trade, and none to the traffic between the different 
States ; that matter was regulated by the States themselves. 

II. The Writ of Habeas Corpus. The suspension of this writ wa» 

thought to be so dangerous to personal liberty that Congress was expressly for- 
bidden the privilege, except in times of rebellion and invasion; and then in no 
case where the public safety does not actually require it. During the Civil War 
the power of suspending this writ was vested by Congress in the President, and 
was exercised by him in those localities actually in a state of war. 

III. Bills of Attainder. Among the former customs of England, one 
of the most cruel and tyrannical was the method of condemning persons by hills 
of attainder. These were Acts of Parliament, by which a person was convicted 
of some great crime, usually treason, punishable by death, without any regular 
trial in court. And not only was his life forfeited, but all his property went to 
the English crown ; and his blood was said to be corrupted or attainted, so that 
his children could not inherit from their ancestors any proj^erty or title which 
descended through the father. This was a favorite means of getting rid of 
persons who had committed no real crime, but who had become obnoxious to 
the king or Parliament, usually by reason of political opinions. 

The exercise of such a power would violate every principle of our free govern- 
ment. Therefore Congress is forbidden ever to pass such laws. 

Sometimes, in England, another kind of bill, called a hill of pains and pen- 
alties, was passed, to punish obnoxious persons. This differed from the bill of 
attainder only in not inflicting the death penalty. It is generally held that the 
prohibition in our Constitution concerning bills of attainder includes, also, the 
bill of pains and penalties. 

IT. Ex Post Facto Law. When the law in force in regard to the slave 
trade made that offence punishable with fine and imprisonment, if offences of 



Prohibitions Upon the United States. I4I 

such nature had been committed, and afterward Congress, in passing the act 
that made the crime punishable with death, had applied it to those cases, that 
law would have been an ex post facto law. If Congress should to-day pass a law 
making the importation of foreign cloth an offence punishable with fine and 
imprisonment, and apply it to all cases of persons who had imported such goods 
within the past year, that would be an ex post facto law. The expression ex post 
facto is from the Latin, and means literally *^from after the fact." Any law 
passed after an act is committed, making that act punishable, although it was not 
punishable when committed, or any law making the punishment for an offence 
greater than it was when the offence was committed, is an ex post facto law. The 
Supreme Court of the United States has defined such a law as ^^one which 
Tenders an act iiunishable in a manner in which it was not punishable when it 
"was committed." 

Justice requires that a person should not be punished for an act that was inno- 
cent when done; and that he should know, or have it in his power to know, just 
how great the punishment for an act is when he is committing it, and conse- 
quently what risks he is taking. 

T. Direct Tax. It will be remembered that by the clause providing for 
the apportionment of members of the House of Eepresentatives, direct taxes 
were to be apportioned in the same manner, according to the population, counting 
three-fifths of the slaves. This clause, declaring that no direct tax shall be laid 
except in that way, was added for greater security. 

Of course, if direct taxes were now levied, they would be in proportion to the 
whole 2:)opulation, less the Indians not taxed. 

YI. Export Duties. Several provisions of the Constitution aim at the 
impartial distribution of taxes among the States. This clause, prohibiting the 
laying of export duties, is one of them. As the productions of the States vary 
greatly with climate, soil, and location, it would be impossible to so adjust export 
duties that their burden would bear equally on all the States. If Congress had 
the power of laying export duties, there would always be danger of the represen- 
tatives from certain States combining to lay heavy duties on the exports of other 
States, and light ones on the exj)orts of their own. This would be a constant 
source of irritation between the States. 

Also, export duties would necessitate increasing the prices of our exported 
_goods sufficiently to cover these taxes; and this, in many cases, would make it 
impossible for us to compete with other nations in foreign markets. 

y. No Preference in Trade. Moreover, it was intended that all the 
States should share equally in the privileges of trade ; hence any preference of 
the ports of one State over another is forbidden ; and no vessels bound to or 
from one State are obliged to enter, clear, or pay duties in another. This does 
not mean that vessels going from one State to another are not obliged to enter, 
clear, or pay duties at all, for there are laws of Congress enforcing these things 
in certain cases. But it means that a vessel can only be obliged to clear in the 
State /rom which it is bound, and enter and pay duties only in the State to which 



lJf2 Government Under the Constitution. 

it is bound. This was to prevent vessels from being compelled to enter, clear, 
or pay duties at ports from which they did not come and to which they were not 
going. Thus a vessel bound to Tacoma from Panama could not be obliged to- 
enter, clear, or pay duties in Portland. 

During the colonial period, American vessels were compelled to enter and 
clear at an English port before they could trade with foreign ports, no matter 
how great the inconvenience. 

YIII. Appropriations. To the long list of powers given Congress by the 
people of the United States, the control of the public treasury was added. Not a. 
cent of money can be drawn from this treasury without the consent of Congress. 
The War Department cannot pay the salary of an officer, the Navy Department 
cannot pay for a ship of war, the President himself cannot draw a dollar of his 
salary, until Congress has made an appropriation for each particular case; that 
is, has passed an act providing that a certain sum of money in the treasury 
may be paid for such purpose. Tluis the public money is entirely controlled by 
the representatives of the people. 

At every session Congress makes an immense number of appropriations, the 
ordinary annual expenses of the United States Government being more than 
$240,000,000. But in order that Congress may not pay out the people's money 
in a wasteful and extravagant manner, a check is placed on their action, by 
requiring the publication from time to time of a regular statement and account 
of all receipts and expenditures of public moneys. This also acts as a check on 
the heads of dei)artmcnts in regard to incurring unnecessary expenses. Short 
general statements are published monthly, and full accounts annually. 

IX. Titles of Nobility. Congress is emphatically forbidden to grant 
any title of nobility, either to the citizens of this country, or those of any other 
country. It was intended that this should be a government under which all 
men are equal, where no unjust class distinctions exist. Here nobility depends, 
not upon birth or the favor of a monarch, but only upon words and deeds. 

X. Gifts, in order to guard against officials of the United States being 
influenced by foreign governments in the performance of their duties, all such 
officials are forbidden to accept of any present, emolument, office or title from 
any king, prince, or foreign state, unless Congress gives special jDermission. 

An Oriental ruler once presented President Van Buren with some costly jewels; 
but he could not accept them, and they still lie in the United States treasury at 
Washington. Also in the National Museum are many valuable and beautiful 
articles which have been presented to different United States officers, and handed 
over by them to the government. Occasionally Congress passes a special act,, 
allowing some officer to keep a gift. 



Prohibitions Upon the United States, 



24s 



1. What is said of slavery in ancient 
times? 

2. How did the American Colonies look 
upon it ? 

3. What course did Great Britain pur- 
sue in the matter ? 

4. What o^Dinions were held in the Con- 
stitutional Convention concerning the sub- 
ject? 

5. What was the result ? 

6. After the adoption of the Constitu- 
tion, what course did Congress pursue ? 

7. When and how was the slave trade 
aboHshed ? 

8. What part of the matter was left 
with the States to regulate ? 

9. WTiat is said of suspending the writ 
of habeas corpus ? 

10. WTiat are bills of attainder f 

11. Why is Congress forbidden to pass 
them? 

12. What other bills are included in this 
prohibition ? 

13. Give illustrations of an ex post facto 
law. 

14:. Define an ex post facto law. 



15. What does justice demand in such 
matters ? 

16. What additional clause was added 
concerning direct taxes, and why ? 

17. How would direct taxes now be lev- 
ied? 

18. Why are export duties forbidden ? 

19. What is said concerning preference 
of ports ? 

20. What is the law here given concern- 
ing the clearance and entry of vessels ? 

21. Why Avas this provision made? 

22. TMiat important power is given Con- 
gress concerning the people's money ? 

23. Wh.QiiBQ.n appropriation? 

24. What are the ordinary annual ex- 
penses of the government ? 

25. How is Congress checked in expend- 
itures ? 

26. What is said concerning titles of 
nobility? 

27. What is the prohibition concerning 
gifts? 

28. What instances are given of officials 
having been presented ';\ith gifts? 



IJ^ Government Under the Constitution, 



T^HTRTY-KOURTH LeSSON 



F^ROHIBITIONS XJFON TTHE BTATKB. 

Article I ; Section 10. — Prohibitions upon the States. 

1. No State shall enter into any treaty, alliance, or confederation; grant letters of 
marque and reprisal; coin money; emit bills of credit; make anything but gold and silver 
coin a tender in payment of debts; ^Dass any bill of attainder, ex post facto law, or law 
impairing the obligation of contracts; or grant any title of nobility 

2. No State shall, without the consent of the Congi'ess, lay any impost or duties on 
imports or exports, except what may be absolutely necessary for executing its inspection 
laws; and the net produce of all duties and imposts laid by any State on imports or exports 
shall be for the use of the treasury of the United States; and all such laws shall be 
subject to the revision and control of the Congress. 

3. No State shall, without the consent of Congress, lay any duty of tonnage, keei? troops 
or shi^DS of war in time of peace, enter into any agreement or compact with another State 
or with a foreign jiower, or engage in war unless actually invaded, or in such imminent 
danger as will not admit of delay. 

I. Treaties, Alliances and confederations. The States are for- 
bidden to enter into any of these engagements. Treaties are agreements between 
two or more nations upon any subject; alliances and confederations are unions 
of nations for some common object; but a confederation is a closer union than 
an alliance. If individual States were free to enter into any of these agreements 
or unions with foreign nations, the arrangements of one State would constantly 
interfere w^ith those of anotljer and with those of the General Government. This 
-would occasion trouble between the States, and difficulties with foreign nations 
that might end in war. As all the States form one Nation, plainly the privilege 
of treating with foreign powers sliould belong to the National Government alone. 

II. Letters of Marque and Reprisal. The States are forbidden to 

issue these commissions, as by so doing any one State might at any time involve 
the whole country in wars with foreign governments. 

III. Prohibitions Concerning Money. 

1. Coining Money. — If the States were allowed the privilege of coining 
money, there would be no uniformity in the currency of the country; and that 
was one great object in giving the power to Congress. Therefore they are denied 
the privilege. 

2. Emitting Bills of Credit. — This the States are also forbidden to do. 
Bills of Credit are paper obligations or 2)romises to pay certain amounts of 
money to persons holding them, and are issued in a way to be used as money. 

During and after the Revolution, the States issued a great amount of this 
money, which they failed entirely to redeem, and it became worthless. Conse- 



Prohibitions Upon the States. lJf5 

"> 
quently those holding this paper currency suffered great losses, business was 
destroyed, and general bankruptcy ensued. 

Bills of credit do not include bank bills, nor written contracts by which a 
State binds itself to pay money for services actually received, or for money 
borrowed. United States treasury notes, or "greenbacks," are bills of credit. 

3. Legal Tender. — The States are forbidden to make anything but gold 
and silver coin a tender in payment of debts. This prohibition is also made 
with the object of securing a sound and uniform currency to the country. Before 
the adoption of the Constitution, some of the States had declared their worthless 
paper money legal tender, and creditors, being thus compelled to receive it in 
payment for debts, suffered great losses. 

Paper money is always liable to sudden rising and falling of value, while gold 
and silver are more stable. 

IT. Other Prohibitions. Passing bills of attainder and ex post facto 
laws, and granting titles of nobility, are forbidden the States, for the same reasons 
that the General Government is thus prohibited. 

T. The Obligation of Contracts, in its usual meaning in the law, 

a contract is an agreement of two or more persons> upon a sufficient consideration, 
to do or not to do some particular thing. During the disastrous years of the 
Confederation, the States repeatedly passed laws which disregarded the rights of 
individuals under existing contracts. Debtors were authorized to tender any 
sort of property, though nearly worthless, for debts; and remedies for the recovery 
of debts were discontinued. So evil were the effects of these laws that the 
framers of the Constitution determined to do away with such possibilities in 
the future. No State, therefore, can pass any law which will interfere with the 
binding force of contracts which have been legally made. It is said that this 
prohibition has caused more controversy and litigation than any other clause of 
the Constitution. 

yi. Inspection Duties. The states are forbidden to lay import or 
export duties, unless with the consent of Congress. The aim of the authors of 
the Constitution was to place the whole subject of regulating commerce within 
the power of Congress. But one exception is made: the States are free to lay 
these duties to an amount necessary to execute their inspection laws. 

Inspection laws are those made for the inspection or examination of various 
commodities, such as meat, flour, leather, etc., in order to find out their quality 
and mark them accordingly. The object of this is to improve the quality of 
articles produced by the labor of the country, and to better fit them for exporta- 
tion and for home use, by securing the purchasers against fraud. It is to meet 
the expense of carrying out such laws that the States are allowed this privilege. 

But if unrestricted power were given the States in this matter, there would 
be great danger of abuses following. Some might attempt to raise revenue 
or protect their own manufacturing interests, by laying heavy duties on the 
importations from other States; or sea-board States might tax the productions 
of States trading through their harbors; and all this under cover of executing 
10 



no 



Government Under the Constitution 



their inspection laws. To prevent these evils, the following restrictions are 
placed on their power: 

1. Only such duties can be laid as are ahsolutely necessary to execute their 
inspection laws. 

2. The net produce of such duties, that is, all surplus after paying the 
expenses of inspection, must be for the use of the United States treasury. 

3. All inspection laws must be subject to the revision. and control of Congress. 

YII. Tonnage Duties are taxes laid on vessels in proportion to their 
cubical contents expressed in tons. Tonnage is not what a vessel weighs, but 
the number of tons freight she can carry. These duties are forbidden the States, 
unless wath the consent of Congress, as they are a means of regulating commerce. 

Till. War. The States are forbidden, without the consent of Congress, ta 
keep troops and ships of war in time of pe^ce, or to engage in war unless actually 
invaded, or in such imminent danger as will not admit of delay. This is to 
prevent any State from keeping an armed force that would endanger the public 
safety. It does not, of course, refer to the militia, which every State is expected 
to maintain. As all war powers belong to Congress, they are properly forbidden 
the States. 

IX. Agreements or Compacts. We have seen that the States are uncon- 
ditionally forbidden to enter into any treaty, alliance or confederation. We now 
see that they are forbidden to enter into any agreement or compact with each 
other or with foreign powers, unless with the consent of Congress. These 
latter refer to any temporay agreements, and are forbidden for the same reasons 
as the former. 



Lbsson Rbvik^^at. 



1. What are treaties, alliances^ and 
confederations f 

2. Why are the States forbidden to 
make these ? 

3. What is said of letters of marque and 
reprisal f 

4. Why are the States forbidden to coin 
money ? 

5. What are bills of credit f 

6. What evils did they cause during 
and after the Revolution ? 

7. What agreements to pay money are 
not included under bills of credit ? 

8. Give an example of bills of credit ? 

9. What is the prohibition concerning 
legal tender ? 

10. Why was this made ? 

11. Name the three prohibitions upon 
the States, which were made for the same 
reasons as the three corresponding ones 
upon the United States? 



12. What is a contract f 

13. What laws that concerned contracts 
were passed during the Confederation ? 

14. What is the prohibition on the States 
concerning contracts ? 

15. What power have the States over 
duties ? 

16. What are inspection laws f 

17. What is their object ? 

18. How is the power restricted, and why? 

19. What are tonnage duties? 

20. What are prohibitions upon the States 
concerning war? 

21. Why were these made ? 

22. What is the prohibition in regard 
to agreements and compacts, and why 
made? 

23. Name the prohibitions which are 
absolute upon the States. 

24. Name those which Congress may 
remove. 



Election of President and Vice-P resident. lJf.7 



T^HIRTY-KlKTH LbSSON. 



KIvKCTION OK PRKSIDKNX AND VICK- 
PRKSIDKNT. 

ARTICLE II. — Executive Department. 

Section 1. — Term and Election of President and Vice-President. 

1. The executive jDower shall be vested in a President of the United States of America. 
He shall hold his office during the term of four years, and, together with the Vice-Presi- 
dent chosen for the same term, be elected as follows: 

2. Each State shall appoint, in such manner as the Legislature thereof may direct, a 
number of electors, equal to the whole number of Senators and Representatives to which 
the State may be entitled in the Congress; but no Senator or Representative, or joerson 
holding an office of trust or profit under the United States, shall be appointed an elector. 

3. Amendment XII. 

[ (1.) The electors shall meet in their respective States, and vote by ballot for President 
and Vice-President, one of whom, at least, shall not be an inhabitant of the same State 
with themselves; they shall name in their ballots the person voted for as President, and 
in distinct ballots the person voted for as Vice-President, and they shall make distinct 
Hsts of all persons voted for as President, and of all persons voted for as Vice-President, 
and of the number of votes for each, which hsts they shall sign and certify, and transmit 
sealed to the seat of government of the United States, directed to the President of the 
Senate; the President of the Senate shall, in the jDresence of the Senate and House of 
Representatives, open all the certificates, and the votes shall then be counted; the person 
having the greatest number of votes for President shall be the President, if such number 
be a majority of the whole number of electors appointed; and if no person have such 
majority, then from the persons ha^dng the highest numbers, not exceeding three, on the 
Hst of those voted for as President, the House of Representatives shall choose immedi- 
ately, by ballot, the President, But in choosing the President, the votes shall be taken 
by States, the representation from each State having one vote; a quorum for this purpose 
shall consist of a member or members from two-thu'ds of the States, and a majority of all 
the States shall be necessary to a choice. And if the House of Representatives shall not 
choose a President, whenever the right of choice shall devolve upon them, before the 
fourth day of March next following, then the Vice-President shall act as President, as in 
the case of the death or other constitutional disability of the President. 

( 2. ) The Person having the greatest number of votes as Vice-President shall be the 
Vice-President, if such number be a majority of the whole number of electors ap23ointed. 
And if no jDerson have a majority, then from the two highest numbers on the Ust the Sen- 
ate shall choose the Vice-President; a quorum for the purpose shall consist of two-thifds 
of the whole number of Senators, and a majority of the whole number shall be necessary 
to a choice. 

(3.) But no person constitutionally ineHgible to the office of President shall be eUgible 
to that of Vice-President of the United States. ] 

4. The Congress may determine the time of choosing the electors, and the day on which 
they shall give their Votes, which day shall be the same throughout the United States. 



IJfS Government Under the Constitution. 

I. The Executite Power Tested in One Person. Under the Con- 
federation there was no executive to enforce the laws after they were made. The 
Constitutional Convention determined to remedy this weakness, by providing a 
strong executive department. But there was great difference of opinion among 
them whether this power should be vested in one person, or in a National council. 
It was agreed by all that laws should be put into execution with the greatest 
energy and promptness; and it was finally decided that one person could do this 
to much better advantage than a body of men, who would, of necessity, be 
subject to rivalry and disagreements, resulting in injurious delays and weak 
execution. Thus the power was vested in a President, who was to be held 
personally responsible for its proper exercise. 

II. Term of Office. There was also much disagreement and discussion 
over the length of the term of office of the Chief Executive. Some favored a 
life term, or during good behavior; others short terms of various lengths. It 
was thought desirable to make the term sufficiently long for the administration 
to feel a certain degree of independence of the people, and give it time to put 
its policy to a practical test; but not so long as to partake of the nature of a 
monarchy or warrant too much independence on the part of the executive. 
The term of four years was settled upon as the most likely to secure all these 
desirable features. This is intermediate between the term of office of Senator 
and that of Representative. It commences on the fourth day of March after 
the election. 

A President may serve as many terms as the people will elect him; there is no 
limit given. Several Presidents have been re-elected; but, as yet, none have been 
elected, or even nominated, for a third term. 

The Vice-President is chosen for the same term as the President. 

III. Election of President and YicePresident. Various methods 

of electing the President were jiroposed in the Convention, and it was not until 
near its close that the matter could be positively settled. At one time it was 
decided that Congress should be given the office, but this would make the Chief 
Executive dependent upon that body, and tend to destroy his liberty of action; 
for he would be liable to conform to the Legislators' wishes in his official acts, in 
order to secure a re-election. Another plan provided for his election directly by 
the people; but there would then always be the danger, in the excitement attend- 
ant upon so important an election, of the people acting, without judgment and 
deliberation, and falling into grave errors. Several other propositions were before 
the Convention; but it was finally settled that a select body of men, chosen as 
representatives of the people, would carry out the popular will in a wiser and 
safer manner than could otherwise be done. Some then thought that the State 
Legislatures should constitute this body for their respective States, but the 
majority favored choosing men for this purpose alone. 

It will be noticed that the twelfth amendment is substituted in place of the 
third clause of the section under discussion. This is done because the original 
clause has become void by reason of this amendment, which was added to the 



Election of President and Vice-President, IJ^d 

Constitution in 1804. Since, under the Confederation, there had been no execu- 
tive, the authors of the Constitution had not learned what errors to avoid in 
providing one, as they had learned through the experiences of the Continental 
Congress in regard to the legislative department; and the result demonstrated 
their lack of this practical knowledge. 

By the original plan of choosing a President and Vice-President, each person 
appointed for that purpose voted for two persons as President; no votes were cast 
for Vice-President. The person securing the highest number of votes, if such 
number was a majority of the whole, was President; and the one receiving the 
next highest number was Vice-President. If no result was reached, the election 
went into the House of Representatives, where, after the President was chosen, 
the one having the highest number of votes was Vice-President; and if no one 
person received that number, the election for Vice-President went into the Senate. 
But in no case could there be a Vice-President selected until after the President 
was chosen. 

The plan worked badly, and in 1807 a very long and exciting contest occurred 
in the House over the election of President, Thomas Jefferson and Aaron Burr 
having received the same number of votes, which was a majority of the whole. 
To avoid another such occurrence, before the next election, the amendment was 
added which is still in force. This latter method is cumbrous and open to serious 
objection, and repeated efforts have been made to alter it, but as yet none have 
succeeded. The method is as follows: 

1. Election of the Electors. 

1. Definition. — The men who are selected by the people to choose their Presi- 
dent and Vice-President are called Electors ; and the whole body of Electors is 
known as the Electoral College. 

2. Numher of Electors. — Each State chooses as many Electors as the whole 
number of its Representatives and Senators. Thus the representation of each 
State in the Electoral College is the same as its representation in Congress. 

3. Hoio Cliosen. — The Legislatures of the States are given the privilege of 
directing how these Electors shall be chosen in their respective States. At first 
there was no uniformity in the methods employed by them, but now Electors are 
universally voted for directly by the people. 

4. When Cliosen. — As Ave have seen, each political party nominates in each 
State an Electoral ticket from among its own party men. Congress is given the 
power to determine the time of choosing Electors, and has, by law, fixed this 
time as the first Tuesday after the first Monday in November of every fourth 
year. Consequently, on that day the people of all the States in the Union vote 
for their Electors. 

5. ProhiMtion. — No officer of the United States can be appointed an Elector. 
This was provided to prevent any officer of the government acquiring undue 
influence in the election of President and Vice-President. 

2. Proceedings of the Electoral College. 

1. Time of Meeting. — The Constitution gives Congress the power of deter- 
mining the day on which the Electors shall cast their votes, but provides that 



150 Government Under the Constitution. 

such day must be the same throughout the United States. Congress has fixed 
the time as the second Monday in January following the year in which they are 
appointed. 

2. Place of Meeting. — It was not thought advisable to require the Electors to 
travel the long distances necessary to reach the National Capital, for the sole 
purpose of casting their votes; and so it was settled that the Electors should meet 
in their respective States. The State Legislatures determine where these meet- 
ings shall be held, and the State Capital is, in nearly all cases, the choice. 

3. The Voting. — When the Constitution was framed, it was intended that the 
Presidential Electors should use their individual judgment in selecting the per- 
sons for whom they should vote; but the existence of political parties, and their 
practice of nominating candidates, has completely done away with all personal 
decision on the part of the Electors. They are now merely the machines which 
register the will of the people. When Electors are elected, it is known for just 
what Presidential candidate they will vote; and, although there is no law com- 
pelling an Elector to vote for his party nominee, should he do otherwise he would 
be looked upon as little less than a traitor, so strong has party feeling become. 
The Electors vote on separate ballots for President and Vice-President, one of 
whom at least must not be an inhabitant of the same State with themselves. 
The President and Vice-President are never from the same State. 

4. The Eetunis. — The vote is counted, and three lists made of all the persons 
voted for as President and as Vice-President, with the number of votes each has 
received. These three lists are certified to and signed by all the Electors, and 
sealed. One certificate is sent by mail to the President of the Senate, at Wash- 
ington; another is sent to the same oiBScial by a special messenger appointed by 
the Electors, whose expenses are paid by the government, and who must pay a 
heavy fine if he fails in the performance of his duty; the third list is deposited 
Avith the Judge of the United States district court for that district in which the 
Electors are assembled. This sealed vote is called a return; and if, by the fourth 
Monday in January, neither of the returns sent by mail or by messenger has 
reached the President of the Senate, a messenger is sent after the copy deposited 
with the Judge. 

3. Counting tlie Totes. — On the second Wednesday of the following Feb- 
ruary, the Senate marches in a body to the Hall of Representatives, the members 
of the House standing to receive them. When all are seated, the President of 
the Senate opens the certificates in the presence of both Houses, and hands them 
to tellers previously appointed by the respective houses. These tellers count the 
votes State by State, in alphabetical order, and the presiding officer declares the 
vote of each State separately, and the vote of all taken together. 

The person receiving the majority vote for President of the whole number of 
Electors appointed is declared duly elected President of the Ujiited States; and 
the person receiving the majority vote for Vice-President of all the Electors 
appointed is declared elected Vice-President of the United States. 

4. Election by tlie House. — In case no one receives the required majority 
for President, which may happen when there are more than two candidates in 



Election of President and V^ice-P resident. 151 

the field, the election goes into the House of Kepresentatiyes. This body, closely 
representing the popular will, was thought more likely to carry out the wishes of 
the people at large. The House is required to choose a President from among 
the three persons securing the highest number of votes in the list of those voted 
for as President. The voting must be done by States, the representation of each 
State having but one vote. The vote cannot be taken unless a quorum is present, 
and a quorum consists of a representation of one or more members from two- 
thirds of all the States. A majority of, the States is necessary for a choice. 

In case the House does not make a choice before the fourth day of the follow- 
ing March, when the Congress expires, the person selected for Vice-President 
must act as President. 

In this election by the House the small States have equal advantage with the 
large States. Thomas Jefferson and John Quincy Adams are the only Presidents 
who have been elected by the House of Eepresentatives. 

5. Election by the Senate. — If no person receives a majority for Vice- 
President in the Electoral College, the Senate must elect one. This privilege 
naturally belongs to the Senate, in which body the Vice-President acts as pre- 
siding ofl&cer. 

From the two persons having the highest number of votes on the list, the 
Vice-President must be chosen. A quorum for this purpose consists of two- 
thirds of the whole number of Senators, and a majority of the whole number is 
necessary for a choice. It will be observed that the Senators do not vote by 
States, as the Eepresentatives do in the election by the House, but each one 
Yotej separately. 

6. The Electoral Commission. — In 1876 there arose grave disputes in 
Florida, Louisiana, Oregon and South Carolina over their election returns; the 
Democratic and Eepublican parties each claiming the election of its candidates. 
To settle the matter an Electoral Commission was appointed by Congress, in 
January, 1877, consisting of five United States Senators, five members of the 
House of Eepresentatives, and five associate justices of the United States Supreme 
Court. This Commission examined the returns, and, by a vote of eight to seven, 
two days before the inauguration, rendered a decision which made Eutherford B. 
Hayes, the Eepublican candidate. President. 

IT. A Minority President. The serious objection to this method of 
choosing a President and Vice-President through Electors lies in the fact that it 
is possible for persons to receive a majority of the Electoral votes and still not be 
the choice of the people. To illustrate this, suppose the Eepublican nominee 
for President receives 5,000 more votes in Ohio than all other candidates; he 
would then secure the 23 Electoral votes of that State. Then suppose the Demo- 
cratic nominee receives 12,000 majority in Connecticut; this would secure to him 
the 6 Electoral votes of that State. The Eepublican candidate would then have 
a majority of 17 of the Electoral votes of these two States; while the Democratic 
candidate would have a 7,000 majority vote of the people. This same condition 
may exist as well in case of the whole number of States taken together as with 



152 



Government Under the Constitution. 



the two used in illustration; and, in fact, this has already happened many times. 
A President who does not receive a majority vote of the people is called a minority 
President. 



1. What opinions were held by the Con- 
vention delegates concerning an executive ? 

2. How was the matter decided ? 

3. What were the opinions as to his term 
of office ? 

4. How was this question settled ? 

5. What is the rule as to re-elections ? 

6. What term does the Vice-President 
serve ? * 

7. What methods of electing the Presi- 
dent were proposed in the Convention ? 

8. How was this settled ? 

9. TVTiy is the original plan not now 
used ? 

10. What was the original plan ? 

11. Why was this changed by amend- 
ment? 

12. What is said of the latter method? 

13. What are Electors, and what are they 
together called ? 

14. How many Electors are chosen ? 

15. How many has this State ? 

16. How are they chosen ? 

17. WTien are they chosen? 

18. What persons are prohibited from 
being Electors ? 



19. When do the Electors vote? 

20. Where do they vote ? 

21. What was at first intended as to the 
vote of the Electors ? 

22. What is the present state of affairs? 

23. How is the voting done ? 

24. How are the returns made out, and 
where are they sent? 

25. What is done in case the returns 
from a State do not reach their destination ? 

26. Describe the counting of these votes ? 

27. When and how is an election made 
by the House ? 

28. What Presidents have been so 
elected ? 

29. What is done if the House cannot 
make a choice ? 

30. Describe the election by the Senate? 

31. What was the Electoral Commis- 
sion f 

32. What is the great objection to the 
present method of electing the President 
and Vice-President? 

33. Give illustration. 

34. What is a minority President? 



Qualifications of President and Vice-President. 158 



T^HiRXY-SixTH Lesson. 



QLJAlvIKICATriONS, KTC, OK PRKSIDKIV^T 
AND VICK-PRESIDKNT. 

Abticle II; Section 1. — Qualifications, Salary, etc., of the President and Vice- 
President. 

5. No person except a natural-born citizen, or a citizen of the United States at the time 
of the adoption of this Constitution, shall be eligible to the office of President ; neither 
shall any person be eligible to that office who shall not have attained to the age of thirty- 
five years, and been fourteen years a resident within the United States. 

6. In case of the removal of the President from office, or of his death, resignation, oi 
inability to discharge the powers and duties of the said office, the same shall devolve on 
the Vice-President ; and the Congress may by law provide for the case of removal, death, 
resignation, or inability, both of the President and Vice-President, declaring what officer 
shall then act as President ; and such officer shall act accordingly, until the disability be 
removed or a President shall be elected. 

7. The President shall, at stated times, receive for his services a compensation, which 
shall neither be increased nor diminished during the period for which he shall have been 
elected, and he shall not receive within that period any other emolument from the United 
States, or any of them. 

8. Before he enter on the execution of his office, he shall take the following oath or 
affirmation : 

"I do solemnly swear (or affirm) that I will faithfully execute the office of President of 
the United States, and will, to the best of my ability, preserve, protect and defend the 
Constitution of the United States. " 



I. Qualifications of President and Yice-President. in the Con- 
stitution there was nothing said in regard to the qualifications of the Vice-Presi- 
dent ; nor was it necessary, since there was no such thing as a candidate for the 
Vice-Presidency; both were candidates for the Presidency. But the amendment 
which provides that a Vice-President be voted for as a separate candidate, also 
declares that the same qualifications required for eligibility to the Presidency 
shall be required for eligibility to the Vice- Presidency. As the Vice-President 
is chosen to fill the office of President in case of vacancy, he should, of necessity, 
have the same qualifications as the latter. A person to be eligible to either office 
must have the following qualifications : 

1. Citizenship. — He must be a natural-born citizen. No foreign-born per- 
son can fill the highest office in our government. This provision was made to 
guard against foreign influence, and the intrigues of ambitious foreigners for 
this position of honor and trust. One exception to this rule, however, was made 
in the Constitution : a citizen of the United States, at the time of the adoption of 



15 Jf. Government Under the Constitution. 

the Constitution, though a naturalized citizen, could hold the office of President. 
This exception was made because of the many citizens of foreign birth who had 
risked their lives and spent their fortunes in the protection of their adopted 
country through the bloody war of the Kevolution. To have denied them any 
privileges which were given the native-born citizens would have been gross injus- 
tice. As all such persons have long since died, this provision no longer has any 
force. 

2. Age. — He must be at least thirty-five years old. At this age a man's 
faculties are supposed to be fully developed, and he has had time in which to 
acquire the experience in public affairs necessary for so high and responsible 
a position. 

3. Residence. — He must have been fourteen years a resident of the United 
States. Long residence in a foreign country tends to alienate the affections of a 
citizen from his native land, to make him favorable toward foreign institutions, 
and perhaps easily moved by foreign influence. It also serves to make him 
unfamiliar with the public affairs of his own country, and the people unfamiliar 
with him. Eor these reasons a fourteen years' residence in the United States is 
required. 

II. YaCANCY. In case of the removal, death, resignation or disability of 
the President, the Vice-President fills his office for the remainder of the term. 
And in the case of the inability of both the President and Vice-President to act. 
Congress is given the power to provide by law for filling the vacant office, by 
declaring what officer shall then act as President. 

In 1881, at President Garfield's death, Vice-President Arthur became Presi- 
dent. According to the law then in force in regard to the Presidential succes- 
sion, the office, after the Vice-President, devolved upon the president of the 
Senate, and, after him, upon the speaker of the House. Congress was not in 
session, and the Senate had neglected to elect a president pro tempore before 
adjourning. The House of Eepresentatives was a new body, and having never 
met, of course had elected no speaker. Therefore, had President Arthur died, 
or become unable to perform his duties, the country would have been without a 
President. But Congress soon assembled and the Senate elected its president. 

In 1886, Congress passed a new law, providing that, in case of the removal, 
death, resignation or inability of both the President and Vice-President, the office 
of President shall devolve upon a member of the Cabinet, in the following order 
of succession: the Secretary of State, the Secretary of the Treasury, the Secretary 
of War, the Attorney General, the Postmaster General, the Secretary of the 
Navy, the Secretary of the Interior. These officers are all discussed hereafter, 
and it is sufficient now to know merely their titles of office, and their order in 
the Presidential succession. 

III. Salaries of the President and Vice-President. From the 

time of Washington's administration until 1873, the annual salary of the Presi- 
dent was 125,000. It was then increased to $50,000; but this is still small, 
compared to the sums paid the rulers of other civilized countries. 



Inauguration of President and Vice-President. 155 

The President's salary can neither be increased nor diminished at any time 
during his term of office. If Congress could change his salary at pleasure, fear 
of a decrease or desire for an increase might influence the Chief Executive in his 
official acts, and lead him to use dishonorable means to secure the favor of Con- 
gress. Hence, when a change is made in the President's salary, it must take 
offect at the beginning of a term of office. 

The President also has the use of the Executive Mansion, which is taken care 
of, lighted, heated, and furnished. The grounds and gardens are cultivated and 
kept in order, the stable service and various other things provided, all of which 
together amount to nearly double his salary. 

He is forbidden to receive any emolument, except his salary, from the United 
States or from any State, in order to place him beyond the reach of such influ- 
ence. He may, however, accept gifts from private individuals, like any other 
citizen. 

The Vice-President receives an annual salary of $10,000. 

IT. Inauguration of President and Yice-President. Every four 

years, on the fourth day of March, a new President and Vice-President are 
inaugurated. This is done with much ceremony and display, and thousands of 
people, from all over the United States, gather at Washington to witness the 
proceedings. The Vice-President is first inaugurated in the Senate Chamber. 
Many of the high officials of the government gather in that room, together with 
the great throng of spectators. Just before noon, the new Vice-President takes 
the oath to support the Constitution and faithfully perform his duties. He then 
assumes his place as presiding officer of the Senate, and makes a short speech 
to the Senators. After this the Senate adjourns, and all the officials march in a 
body to a large platform built out on the east side of the Capitol. There, in 
the presence of the vast throng who have gathered, the President takes the 
solemn oath of office prescribed by the Constitution, and administered by the 
Chief Justice. At its close, according to the old custom, he kisses the Bible, 
after which he delivers his inaugural address. All these proceedings are simply 
matters of custom ; the only necessary part is taking the oath of office. 

T. The White House. After his inauguration, the President is driven to 
the Executive Mansion, commonly called the White House from its color, which 
is to be his home for the next four years. This building is situated about a mile 
from the Capitol, and was the first public building erected in Washington. Here 
the President has his business offices, where he transacts all his official duties; and 
here he receives the public, all classes of people who call upon him for business, 
curiosity or pleasure. Unlike the rulers of foreign countries, who are surrounded 
by ranks of officials, and guarded from contact with the people, our Chief Magis- 
trate may be seen by anyone. On account of the death of two of our Presidents 
by assassination, many believe that the President should be protected by a guard. 



156 



Government Under the Constttut'^ r. 



Lksson Rkvik^^t. 



1. Why did the Constitution make no 
mention of the qualifications of Vice-Presi- 
dent? 

2. What provision was afterward made, 
and why ? 

3. What is given concerning the first 
qualification ? 

4. What exception was made, and why ? 

5. Why has the exception lost its force ? 

6. What age is required for eligibility 
to these offices ? 

7. Why was it so fixed ? 

8. What is said of residence ? 

9. What is done in case of vacancy in 
the Presidency ? 

10. What curious circumstance hap- 
pened in 1881 ? 

11. What is now the law of the Presi- 
dential succession ? 



1 2. How many times has a vacancy occur- 
red in the Presidency? {See p. 208.) 

13. Name these cases. 

14. What was the original salary of the 
President ? 

15. Wliy was it changed, and how much? 

16. When can the salary be changed ? 

17. Why is this? 

18. What is furnished the President iu 
addition to his salary. 

19. What prohibition is here placed upon 
the President ? 

20. Describe the inauguration of the 
Vice-President. 

21. Of the President. 

22. Give the President's oath of ofiice ? 

23. What is said concerning the White 
House ? 

24. In what respect here mentioned doea 
the President differ from foreign rulers ? 



The Executive Powers of the President. 157 



TThirxy-Seventh Lbsson 



KXKCUTIVB PO^WKRS OK THE PRKSIDKNX. 

AKTICLE II; Section 2. — The Executive Powers of the President. 

1. The President shall be commander-in-chief of the army and navy of the United 
States, and of the militia of the several States when called into the actual service of the 
United States ; he may require the opinion, in writing, of the principal officer in each of 
the executive departments, upon any subject relating to the duties of their respective 
offices; and he shall have power to grant reprieves and pardons for offences against the 
United States, except in cases of impeachment. 

2. He shall have power, by and with the advice and consent of the Senate, to make 
treaties, provided two-thirds of the Senators present concur ; and he shall nominate, and 
by and with the advice and consent of the Senate shall apjDoint, ambassadors, other public 
ministers and consuls, judges of the Supreme Court, and all other officers of the United 
States whose appointments are not herein otherwise provided for, and which shall be 
established by law ; but the CongTess may, by law, vest the ajDi^ointment of such inferior 
officers as they think proper in the President alone, in the courts of law, or in the heads 
of departments. 

3. The President shall have power to fill up all vacancies that may hapi^en during the 
recess of the Senate, by granting commissions which shall expire at the end of their next 
session. 

Section 3. — The Executive Powers of the President, continued. 

1. He shall from time to time give to the Congress information of the state of the Union, 

and recommend to their consideration such measures as he shall judge necessary and 
exj)edient. He may, on extraordinary occasions, convene both houses, or either of them; 
and in case of disagreement between them, with respect to the time of adjournment, he 
may adjourn them to such time as he shall think proper. He shall receive ambassadors 
and other pubHc ministers. He shall take care that the laws be faithfully executed ; and 
shall commission all the officers of the United States. 

Section 4. — Impeachment 
1. The President, Vice-President, and all civil officers of the United States, shall be 
removed from office on impeachment for, and conviction of, treason, bribery, or other 
high crimes and misdemeanors. 

I. COMjIANDER-IN-ChiEF. In order that there may be promptness, energy 
and unity of action in all military movements, it is necessary that the command 
of the entire military force of a nation be placed in the hands of a single person. 
Therefore the President of the United States is made commander-in-chief of the 
army, the navy, and the State militia when in the service of the United States. 
Moreover, as it is the duty of the President to execute the laws of the country, 
to repel invasion, and to quell domestic insurrection, he should have sufficient 
power placed at his disposal to accomplish these duties. 

The President is not expected to take the field in person, although he may do 



158 Government Under the Constitution. 

so if he chooses ; but the command is given to such officers as he selects, and 
thej act under his supervision. 

II. Opinions of Executive Officers. We shall see hereafter that the 

executive business of the Nation is distributed among different departments. 
The President, being held responsible for the entire executive work of the gov- 
ernment, should, of necessity, be able to command the means of acquiring 
information on all subjects connected with his duties. He may therefore require 
the heads of these different departments to give him their written opinions on 
any subject relating to the duties of their respective offices. 

III. Reprieves and Pardons, it sometimes happens, after sentence of 
punishment has been passed upon a person, that new testimony concerning his 
case is discovered, which indicates that he is guilty in a less degree, or entirely 
innocent. The punishment to which he was sentenced may then be most unjust, 
and there should be some power competent to delay the execution of the sentence 
until examination can be made, and, in case the accused is found innocent, to 
remit his punishment. There may also be instances in which the condemned 
person is really guilty of the crime, and, by the laws of the country justly 
condemned ; yet the real facts show him to be the victim of such unfortunate 
circumstances as to warrant his release according to the laws of humanity and 
policy. But law is necessarily severe, and must take its course without reference 
to individual cases. Therefore the privilege is given the President of exercising 
mercy by reprieves and pardons in those cases where the law seems to bear too 
heavily. In monarchial governments this power belongs to the sovereign. 

But in cases of impeachment the President is powerless to stop the course of 
the law. When public officials offend against the laws, or willfully neglect and 
abuse their privileges, it was thought that after conviction there should be no 
power to hinder their removal from office. This privilege of granting reprieves 
and pardons extends only to cases of conviction by United States courts. With 
State offences the President may not interfere. 

IT. Treaties. Treaties may be made upon any subject; peace, or war 
against a common enemy, the return of escaped criminals, the mail, commerce 
or navigation. The making of treaties is a matter of much importance, and 
concerns the welfare of the people at large. It is a dangerous power for one 
person to possess, and therefore is given to the President with great restrictions. 
He must submit all treaties to the Senate, and the consent of two-thirds of the 
Senators present is necessary to put them into effect. 

This provision does not mean that the President must do the work of negotiat- 
ing the treaties. The agents of the two governments always arrange and agree 
upon the terms, and a copy of the articles of agreement is sent to each govern- 
ment to approve ; both must ratify, or the treaty fails. The correspondence and 
work of negotiation are usually conducted with the greatest secrecy. The ses- 
sions of the Senate for considering such matters are closed to the public. It is 
thought that publicity, in such case, is unsafe, by giving opportunity for 
interference from other powers. 



The Executive Powers of the President. 159 

T. Appointments. The President is given the power to nominate certain 
officers, and, with the advice and consent of the Senate, appoint them. He 
has, therefore, exclusive power to select these officials ; but their appointment 
depends upon the approval of the Senate. If his first choice is rejected by the 
Senate, he may select another, and so on, until his selection is approved. Tiie 
Senate always considers appointments in secret session. The officers whom the 
President and Senate may apjDoint are : 

1. Ministers and Consuls. — These are the agents who represent our govern- 
ment in foreign countries. The Constitution gives the President power to 
appoint ambassadors, who are the highest grade of public ministers ; but our 
country has never yet sent this class of ministers to any court. 

The duties and powers of these agents will be hereafter given in connection 
with the Department of State. 

2. Judges. — Besides Judges of the Supreme Court, those of the Circuit, Dis- 
trict, and other Federal courts are appointed by the President and Senate. 

3. Other Appointments. — The Constitution further provides that the 
President and Scuate may appoint other United States officers, whose appoint- 
ments are not provided for in the Constitution, to offices which are established by 
law. This limits the President's power of appointment to offices that are estab- 
lished by Congress, and therefore prohibits him from creating any offices by the 
use of this power. Under this provision the President and Senate appoint all 
the other important government officials; as, heads of departments, revenue 
collectors, certain postmasters, military and naval officers and civil-service com- 
missioners. But the President is not always under the control of the Senate 
in the matter of appointments, for Congress, exercising the power given it, 
has vested the appointment of very many inferior officers in him alone, and in 
the heads of departments, who are appointed by him and under his control. 

This privilege of selecting the officers who are to aid him directly in his work, 
gives the President a better opportunity for carrying out his individual views. 
But a great danger lies in this power; for an unprincipled executive may use 
it simply to reward political favorites, regardless of the best interests of the 
people. 

VI. Removals. The Civil Service of the United States consists of the whole 
body of persons employed by the government in its executive work, from the 
Presidentjs cabinet down to the lowest clerk, the army and navy excepted. This 
includes in the neighborhood of 100,000 persons. Most of the officers, assistants 
and clerks in this service are appointed for no particular term, and the Consti- 
tution is silent with regard to the power of removal from office where the length 
of the term is not fixed. It has always been the practice, however, that those 
appointed by the President or any other officer alone may be removed by the one 
appointing at any time; and now, in cases where the Senate must concur in the 
appointment, the President, acting alone, exercises the power of removal. 

VII. CiTIL SERTICE Commission. Unhappily a custom has grown into 
practice of late years by which each political party, when it comes into power. 



160 Government Under the Constitution. 

removes great numbers of the civil officers for no other reason than to place its 
own members in these positions. This corrupt practice is known as the spoils 
system, and is looked upon by thoughtful men as a great evil. Many efforts 
have been made to bring about a reform in the civil service, that is, to establish 
the custom of retaining, at least, the inferior officers who are competent and 
faithful, and of appointing such as are best fitted for office, regardless of their 
party faith. Of course the President should always be allowed the privilege of 
selecting his immediate advisers and chief officers ; otherwise he might not be 
able to make a fair test of his political projects. 

Although no great results have, as yet, been reached in this matter of civil 
service reform, yet a decided movement has been made in that direction. A 
civil service commission, consisting of three persons, is appointed by the President 
with the consent of the Senate, not more than two belonging to any one politi- 
cal party. Their duty is to cause persons to be examined who are seeking a 
certain class of offices, and to have those selected who pass the best examinations. 
From these selections the heads of departments are obliged to make their appoint- 
ments. None of the most important offices are filled by this commission. 

Till, TaCANCIES. Vacancies may occur in those places over which the 
President and the Senate have the power of appointment, when the Senate is 
not in session. In such instances, in order that these offices may not be left 
vacant for any length of time, the President is given power, acting alone, to fill 
the vacancies temporarily. He grants commissions, which expire at the end of 
the next session of the Senate. 

IX. The PRESIDENT'S Message. At the beginning of every session, the 
President sends a message to Congress, in which, as the Constitution requires, he 
gives information of the condition of the country, and recommends such 
measures as he deems advisable for the interests of the Nation. 

He may at any time send special messages to Congress, calling their attention 
to matters which need prompt consideration. 

X. CONYENING AND ADJOURNING CONGRESS. The President may call an 
extra session of either or both houses of Congress, when extraordinary cases arise. 
He may also adjourn them when they cannot agree with respect to the time of 
adjournment. 

XI. Reception of Foreign Ministers. As the President is the official 

at the head of our Nation, representing it in all its relations with foreign powers, 
it is highly proper that he should receive the agents from other countries who 
have come here as representatives of their respective governments. 

A foreign minister presents his credentials, or the letters showing his authority, 
to the Secretary of State, who conducts him to the White House and presents 
him to the President. Both the President and the minister then make short 
speeches expressive of the friendly relations between the two countries. The 
reception of foreign ministers, although a mere matter of form, is, in reality, 
of great importance, as the nature of the President's reception involves serious 



The Executive Powers of the President. 



161 



questions concerning the relations of the two governments, if the President 
should refuse to receive a minister, it would be considered a direct insult to the 
country sending him. 

XII. Execution of the Laws. This is the most important duty the 
President has to perform. More than all else, he must see that the laws of the 
Nation are obeyed. 

XIII. Commissions, a commission is a written certificate of appointment 
issued by the proper authority. The President must commission all the officers 
of the United States. He signs each commission, and the Secretary of State 
affixes to it the seal of the United States. 

XIT. Removal by Impeachment. We have already seen how the Presi- 
dent and the Vice-President and other civil officers of the United States are 
removed from office on impeachment for and conviction of treason, bribery or 
other high crimes and misdemeanors. 



LKSSOK RKVIEW^. 



1. Why was the President made com- 
mander-in-chief of our military forces ? 

2. How is the army commanded when 
in action ? 

3. How may the President obtain in- 
formation on executive matters ? 

4. Why should there be a power to 
interfere with the course of the law ? 

5. Who has this power here ? 

6. What exception to the rule ? 

7. To what cases does the President's 
power extend ? 

8. Upon what subjects may treaties be 
made? 

9. What power has the President in 
making treaties? 

10. What actual work does he perform ? 

11. How is the negotiation of treaties 
conducted ? 

12. What power of selection has the 
President ? 

13. What power of appointment ? 

14. What officers may the President and 
Senate together appoint ? 

11 



15. What power of appointment does the 
President exercise alone ? 

16. What advantage does the President 
derive from selecting certain oflBcials? 

17. What danger lies in this power ? 

18. Discuss the subject of removals. 

19. What is the " spoils system, f 

20. What is ^^ civil service reformf 

21. What has been accompHshed in this 
work ? 

22. What power of filHng vacancies has 
the President? 

23. What is said of his message ? 

24. What power of convening and ad- 
journing Congress has he ? 

25. Who receives foreign ministers, and 
how is it done ? 

26. What is the most important duty of 
the President ? 

27. What is said of commissions ? 

28. How may the President be removed 
from office ? 



^ 162 GO\^EUNMENT UNDER THE CONSTITUTION, 



Thirty-Kighth Lesson, 



I. Their Necessity and Names. The enormous executive business of 
our country could not possibly be attended to in detail by the President alone 
and unaided. The work is therefore divided among eight subordinate depart- 
ments : the Department of State, of the Treasury, of War, of Justice, the 
Post-Office Department, the Dej^artment of the Navy, of the Interior, and of 
Agriculture. But the President is personally responsible for the conduct of the 
business in all these departments. 

II. The Cabinet. The President appoints a chief officer or secretary for 
the head of each department, and these together form his Cabinet. Nothing 
is said in the Constitution concerning such a body of advisers. It was arranged 
that the President might require the written opinions of the heads of depart- 
ments, but no provision was made for forming such officers into a council for 
advising in matters of state. 

Among the delegates to the Philadelphia Convention were some who desired 
to provide for a Cabinet, which should assist the President in performing his 
duties, but should have no control over his official actions. But the Convention 
wished to avoid doing anything that would even appear to lessen the personal 
responsibility of the Chief Executive, therefore the plan was rejected. However 
President Washington followed the practice of calling the heads of departments 
together upon important occasions, to consult and give opinions concerning the 
matters in question; President John Adams followed his example; and Presi- 
dent Jefferson submitted questions to the vote of his Cabinet. Thus the custom 
became established, and the President calls his Cabinet together at the Executive 
Mansion, whenever he sees fit, for the purpose of advising upon governmental 
matters. These sessions are secret, and their proceedings are not recorded. The 
Cabinet has no legal authority as a body, its action is merely advisory, and the 
President is not bound by its judgments. 

The salary of each Cabinet officer is 18,000 per annum. 

III. Department of State. This department ranks the highest in 
importance of the eight, and was organized at the beginning of the National 
Government. It is presided over by the Secretary of State, who is the only 
officer in the Nation empowered to communicate with other nations in the name 
of the President of the United States. 

The entire business of our government with foreign governments is conducted 



The Subordinate Executive Departments. 163 

through this department. Our representation abroad is entrusted to two sets of 
agents — American Ministers assigned to the Diplomatic Service, and American 
Consuls assigned to the Consular Service. 

1. The Diplomatic Service. — The Ministers sent to foreign countries 
represent our government in a political capacity, and are of three grades : 

1. Envoys Extraordinary and Ministers Plenipotentiary. 

2. Ministers Resident. 

3. Charge D^ Affaire. 

Diplomatic agents of the first two ranks are accredited to the heads of govern- 
ment of the countries to which they are sent; that is, they are sent directly to 
those rulers, with credentials which show their diplomatic character and rank. 
Agents of the third rank are accredited to the ministers of foreign affairs of the 
countries to which they are sent, and can only transact business with them. 

Although these ministers differ in title and rank, there is very little difference 
in their powers and duties. They must all carry out the instructions of the 
President, communicated through the Secretary of State ; keep their own gov- 
ernment informed of all matters that concern its interest in foreign countries ; 
protect the jDcrsons and j^roperty of their fellow countrymen abroad ; arrange the 
terms of treaties and all other negotiations between our country and foreign 
countries ; and attend to the settlement of any difficulties that may arise with 
other powers. 

These ministers reside at or near the capitals of the countries to which they 
are sent, and enjoy many peculiar privileges. They, their families, secretaries 
and servants, are not subject to the laws of the countries where they are stationed. 
Their houses, over which the flag of our Nation floats, are considered as belong- 
ing to the United States, the same as though situated in this country. Persons 
can be married there according to our own laws, no matter what the laws of those 
countries may be ; and, in time of war, Americans are safe in the houses of their 
ministers. 

The term Legation is applied to the whole body of diplomatic agents of a 
particular nation, residing at or hear the seat of government of a foreign power ; 
as, the Spanish Legation at Washington, or the American Legation at Paris. 

Diplomatic agents of our highest rank are sent to France, Germany, Great 
Britain and Russia, each receiving $17,500 annual salary; also to Austria, Brazil, 
China, Italy, Japan, Mexico and Spain, receiving 112,000 each; and to Chili and 
Peru, where their salary is 110,000 per annum. 

Agents of the second class are employed in less important nations, as Central 
America, Switzerland, Greece, etc., their salaries ranging from 110,000 down- 
ward ; while those of the third class are sent to a few of the very small nations, 
or are employed temporarily to fill vacancies. 

Ambassadors, as we have before stated, are the highest rank of diplomatic 
agents. They represent the person of the sovereign by whom they are sent, 
and, on proper occasions, may claim personal interviews with the sovereign to 
whom they are sent. They rank next to princes of the royal blood on occasions 
of state, and formerly were surrounded with all the splendor and ceremony of 
the courts they represented. 



16^ Government Under the Constitution. 

As our country does not send ambassadors, all of our public ministers in 
foreign courts are outranked by the ambassadors of the second-rate powers. 
Neither does any foreign country send ambassadors here. 

2. The Consular Service. — Consuls represent the commercial interests of 
our country, and have nothing whatever to do with its political affairs. They 
are more numerous than the diplomatic agents, and deal chiefly with the rights 
and interests of individuals, instead of governments. They reside at foreign 
seaports. All foreign countries frequented by American citizens are divided into 
consular districts, and for each one a consul is appointed. 

Their principal duty is to see that the commercial laws of the country are 
properly enforced, and that our commerce, merchants and seamen are protected. 
They must keep a record of all American vessels entering port, the number of 
seamen, the tonnage of the vessel, the value of the cargo, and many other 
similar items ; and they must particularly provide for destitute seamen, at the 
expense of the United States. 

If an American dies abroad and there is no legal representative at hand, the 
consul of that particular district takes charge of the estate and remits the pro- 
ceeds to the United States treasury, where it is held for the legal claimants. 

Consuls are not entitled to the privileges of diplomatic agents, but are subject 
to the laws of the country in which they are respectively stationed, the same as 
all citizens or subjects of that country. 

3. Passports. — It is this department which gives and records all passports. 
These certificates, issued by our government, certify that the person named and 
described therein is a citizen of our country. They are obtained by Americans 
w^ho wish to travel through foreign countries. Our government does not 
require a passport of anyone traveling through this country; but many of the 
foreign nations are afraid of plots and insurrections, and require travelers to 
show passports in order to prove who they are, and that they are genuine 
visitors. A person who has no passport is liable at at any time to be imprisoned 
in those countries. 

4. The Archives of the United States.— The Secretary of State has 
charge of all the archives of the government — the original copies of all laws, 
treaties, and other official documents. These are kept in the large granite 
building where the business of the Department of State is conducted. 

5. The Seal of the United States. — This same officer is also keeper of 
the great seal of the United States, which, by direction of the President, he 
affixes to official papers, as an evidence of their authenticity. 

6. Other Duties. — The State Department must publish all laws passed by 
Congress, and distribute them among the officials, and send copies to all the 
States. It must proclaim the adoption of amendments to the Constitution, and 
attend to the publication of the Presidential messages and other official docu- 
ments requiring publication by law. When new States are admitted to the 
Union, or new territories organized, the fact must be publicly announced by the 



The Subordinate Executive Departments. 165 

State; and there are numerons other lesser duties. The head of this department 
is assisted by three assistant secretaries and many minor officials and clerks. 

IT. Department of the Treasury. .This department was organized 
by Alexander Hamilton, a few months after the establishment of the National 
Government. Its rank is next to that of the Department of State, and at its 
head is the Secretary of the Treasury, who must not be personally interested in 
trade or commerce. The business of this department has, since its creation, 
steadily increased, until it has assumed vast proportions. The Secretary of the 
Treasury has two assistant secretaries and a great number of clerks and other 
employees. There are between three and four thousand of them at Washington 
alone. 

The treasury business is divided among numerous subordinate departments 
called liureaiis. 

1. Six Bureaus of Auditors have charge of examining and settling all 
accounts. 

2. A Commissioner of Internal Revenue oversees the collection of all 
internal revenue moneys. The United States is divided into eighty-two internal 
revenue districts, over each of which are placed officers subordinate to this 
commissioner. 

3. A Commissioner of Customs attends to the collection of duties on 
imported goods. 

4. The Treasurer of the United States has the care of all the millions 
of the people's money, and pays it out according to law. This money is deposited 
in the strong vaults of the large granite treasury building at Washington. His 
duties are similar to those of a bank cashier. 

5. The Comptroller of Currency attends to the making of the paper money. 
The most extreme care is taken in manufacturing this money, to prevent coun- 
terfeiting. The paper on which the bills are printed is manufactured according 
to a secret process, and every sheet must be accounted for to the government. 
The engraving and printing, and all the work down to the signature of the 
treasurer, is conducted with the same care; and during the process the bills are 
counted more than thirty times, to make sure that none have been lost or stolen. 

6. The Director of the Mint. — The place where money is coined is called 
a mint. The United States Government has established its principal mint at 
Philadelphia, and branch mints at San Francisco, New Orleans and Carson City. 
The Director of the Mint has charge of the entire work of coining money. 
During the process the coins are watched and counted with the same care as 
the paper money. 

7. The Comptroller of the Treasury has charge of the National bank- 
ing system. In 1863 Congress passed a law creating this system. A company 
of five or more persons may organize themselves into a corporation and obtain 
permission from the government to establish a national bank. They are required, 



166 Government Under the Constitution. 

first, to buy United States bonds and deposit them with the treasurer of the 
United States. If their purchase amounts to 1100,000, the government then 
furnishes to the bank 190,000, or nine-tenths of the sum, in blank national bank 
bills, which, when signed by the proper officers of the bank, are put into circu- 
lation and loaned like other money. The bank also receives interest on the 
government bonds it purchased. 

These banks are required to create a surplus fund, by setting apart each year 
ten per cent, of their profits, until the fund is equal to twenty per cent, of the 
whole capital. This is done in order to make good any losses which may occur. 
They are also required to keep a reserve fund, of about twenty per cent, of the 
capital stock, in gold and silver coin, so that those holding bank notes may con- 
vert them into gold and silver by presenting them to the bank that issued them. 

If a national bank fails, its bills are still good, because its government bonds, 
held by the United States treasurer, are sufficient to redeem them. All the 
national banks are based upon the same system, and their notes are a National 
currency; so that the bills of a Maine bank pass at par in Texas as well as at 
home. This is considered the most nearly perfect system of finance in the world. 

8. The Register of the Treasury has under his care all the account 
books of the department. These show the exact financial condition of the 
country. 

9. The Solicitor of the Treasury is a lawyer appointed to transact the 
legal business of the department. If the government prosecutes for counter- 
feiting, for breaking the revenue laws, or for any crime committed against the 
financial interests of the country, this officer conducts the suit. 

10. A Bureau of Statistics makes yearly reports concerning the trade and 
commerce of the country, and monthly reports of the moneys taken in and paid 
out. 

11. Other Bureaus. — One of the most important duties of this department 
is making an annual estimate of the amount of money which will be needed to 
pay the expenses of the government for the current year. These estimates are 
sent to Congress at the beginning of a session, in order that that body may make 
appropriations to meet such expenses. 

Besides all these financial duties, strangely enough, the department is given 
the charge of the light-houses, beacons, buoys, marine hospitals, life saving- 
service, and whatever relates to the security of navigation. It also has control 
of the custom-houses and the erection of public buildings. 

The life saving service is one of the most worthy branches of our government 
work. Its object is to render assistance to vessels and seamen who are in peril. 
The men employed in this service live in small buildings erected on bleak and 
dangerous coasts, and are provided with life-saving boats and all other apparatus 
necessary for the work of rescue. There are between two and three hundred 
stations located along the Great Lakes and the Atlantic and Pacific coasts. 
Between the year 1871, when the service was organized, and the year 1888, it 
saved nearly 40,000 human lives, besides many millions of property. 



The Subordinate Executive Departments. 



167 



Lksson: Rkvik^nt. 



1. Why are there subordinate executive 
departments? 

2. What officers form the Presidenfs 
Cabinef? 

3. What does the Constitution say con- 
-cerning a Cabinet? 

4. How was the matter discussed in the 
convention? 

5. How was the custom established? 

6. What are the nature and work of the 
Cabinet? 

7. What is said of the Department of 
State? 

8. Who is now Secretary of State ? 

9. What is the general work of the 
department? 

10. What classes of foreign agents rej)- 
resent our government ? 

11. What is the Diplomatic Service? 

12. What grades of ministers are sent by 
ihe United States ? 

13. To whom are these accredited? 

14. What are their duties? 

15. What is meant by legation f 

16. Where does our government send 
ministers, and what are their salaries? 

17. What is said of ambassadors? 

18. Discuss the consular service. 

19. What is said of ^:)assporfef 



20. Of what papers has this department 
the charge? 

21. Who is keeper of the United States 
seal, and when is it used? 

22. What other duties has this depart- 
ment? 

23. Give the general remarks on the 
Treasury Department. 

24. Who is the present Secretary of the 
Treasury? 

25. What assistants has he? 

26. How is the business divided? 

27. What is said of accounts, internal 
revenue and customs? 

28. What are the duties of the United 
States Treasurer? 

29. Of the Comptroller of Currency? 
80. Of the Director of the Mint? 

31. Discuss the National Banking Sys- 
tem. 

32. Give the other officers and their 
duties. 

33. What are the remaining financial 
duties? 

34. What duties unconnected with 
finance has the department ? 

35. What is said of the Ufe saving ser- 
vice? 



168 G0VERN3IENT UnDER THE CONSTITUTION. 



TThirty-Ninxh Lesson. 



IVIKNXS, Continued. 

I. The Department of War is in charge of the Secretary of War, who 
represents the President in his capacity of commander-in-chief of the army. 
He has the general oversight of the whole army, but the work is divided among 
different bureaus, superintended by army officers: 

1. The Adjutant General keeps a list of the soldiers, and attends to mat- 
ters relating to their enlistment and discharge. He issues the orders of the 
President, and carries on all correspondence connected with army affairs. 

2. The Quartermaster General attends to lodging the soldiers, buying 
their clothing, horses, and various other supplies. 

3. The Commissary General provides food for the soldiers. 

4. The Surgeon General has charge of the medical work. 

5. The Paymaster General settles the bills. 

6. Other Bureaus. — There is also a bureau of artillery; of ordnance or. guns; 
a bureau for building forts and bridges; and a bureau of military justice or courts- 
martial, for the trial of military offences, in charge of a judge-advocate-general. 

7. The Signal Seryice is connected with this department. It was organ- 
ized to furnish methods of communication in the military service, particularly 
on the battle field, at distances beyond reach of the human voice. By day a 
system of signals by flags is employed, and at night torches and, rockets. The 
electric telegraph is also used when possible; and in times of action it is erected, 
between important stations, at the rate of three miles an hour. 

The Weather Bureau or Meteorological Bureau is a part of the Signal Service. 
There .are nearly five hundred stations in different parts of the country, where 
careful observations are taken concerning the conditions of the atmosphere, and 
telegraphed three times each day to the central office at Washington. From 
these reports the probable character of the weather is foretold for the next 
twenty-four hours, and the news published in the daily papers and elsewhere, 
and orders sent to display warning signals at such ports as are threatened with 
dangerous storms. This service also takes observation of the rise and fall of 
lakes and rivers, and the tides on the coast, by means of which people are warned 
of approaching floods. 

The school at Fort Whipple, Virginia, is for the purpose of training men in 
this work of the Signal Service. 

8. The Military Academy at West Point. — The Army Department has 
oversight of this Military Academy, where boys are educated to be army officers. 



The Subordinate Executive Depart3ients. 169 

at the expense of the government. One cadet is alloiyed for every member or 
delegate to the House of Eepresentatives, one for the District of Columbia, and 
ten from the United States at large. Each member of the House recommends 
one boy from his district, and the appointment is made by the President, who 
also has the appointment of the others. But the applicants must not be less 
than seventeen nor more than twenty- two years of age; they must be sound in 
mind and body; and must pass the required examinations in the ordinary English 
branches. The instruction is of a high grade, and the discipline severe. Each 
cadet binds himself to serve the United States eight years from the timxC he is 
admitted to the Academy, a part in the regular course of study, and the remainder 
in the army. In case a war arises, these men are expected to serve as officers of 
volunteer regiments. 

II. Department of Justice. The office of Attorney -General was created 
in 1789; but it was not until 1870 that a Department of Justice was established, 
with this official at its head. He is the chief law officer of the government, and 
acts as legal adviser to the President and the heads of departments. His especial 
duty is to represent personally the United States in all cases it may have in the 
Supreme Court. He has general oversight of the United States district attorneys 
and marshals, who are scattered throughout the Union, the former of whom 
perform the same general work as himself in the courts of less importance. 

The Attorney-G-eneral is assisted by a solicitor-general, two assistant attorneys- 
general, the law officers of the other departments, and many clerks, copyists, etc. 

III. PostOffice Department. 

1. Its History. — The carrying of private letters was originally conducted by 
private enterprise; slaves, pedlers, ship-merchants and others were entrusted with 
the work. When ships landed in the large ports, families sent certain ones on 
board to receive their letters, and the mail not thus taken was left at the nearest 
coffee-house. The first person coming in from each neighborhood would then 
carry back with him and distribute the letters belonging in his locality. 

Finally the government of the Massachusetts Colony ordered that a certain 
mean's house should be the place for receiving all letters from beyond the sea, 
and that the owner should be allowed a penny for each letter delivered. After- 
ward Virginia passed a law requiring each planter to convey dispatches as soon 
as they reached his plantation, or forfeit one hogshead of tobacco. Later on 
New York established a monthly mail to Boston. 

Early in the eighteenth century the English government began to give its 
attention to the postal system of the colonies; but nothing of any importance 
was accomplished until Benjamin Franklin was made Postmaster-General, in 
1753. For twenty years he conducted the work in a most efficient manner, but 
was then removed, on account of his action in opposing British tyranny. 

Among the first acts of the Continental Congress was the appointment of 
Franklin for Postmaster-General of the United Colonies; and the government 
under the Constitution never passed any formal act creating this department, 
but, from the first, recognized it as already existing. 

The Post-Office Department is, therefore, the oldest of the eight executive 



IIO Government Under the Constitution. 

departments; but the Postmaster-General was not admitted to a seat in the Cab- 
inet until at President Jackson's request, in 1829. 

Previous to 1845 it cost from six to twenty-five cents, according to distance, to 
send a letter containing a single sheet; then the rates were reduced to from five 
to ten cents; but the postage always had to be paid by the receiver at the end of 
the route. Reductions have since been made, until now we can send a letter 
anywhere in our country for two cents on each ounce. 

2. Officers. — The Postmaster-General has the supervision of the enormous 
work of this department: establishing post-offices; awarding contracts for carry- 
ing the mails; directing the routes; appointing post-masters; making postal 
treaties; arranging the styles of stamps, government envelopes, postal cards, etc. 
He is aided by three assistant postmasters-general, an assistant attorney-general, 
a superintendent of foreign mails, a superintendent of the money order depart- 
ment, and others. 

3. Postmasters. — Scattered throughout the United States are great num- 
bers of post-offices, each little community usually having one, which is in charge 
of an official called a postmaster. Postmasters who receive a salary of $1,000 or 
more are appointed by the President, with the consent of the Senate; while all 
others are appointed by the Postmaster-General. Next to the President, the 
Postmaster-General has the most extensive power of appointment. 

4. Classes of Mail Matter. — All mailable matter is divided, according to 
our present laws, into four classes: 

1. The first class consists of written matter, and everything in sealed packages 
or envelopes. 

2. llie second class embraces periodical publications, as newspapers and 
magazines. 

3. The third class includes all miscellaneous printed matter, books, pam- 
phlets, circulars, etc. 

4. The fourth clas.< consists of merchandise. 

5. Cheap Postage. — England first tried the experiment of cheap postage; 
and when it Avas found that the experiment was successful, our country followed 
her example. Always, as the rates of postage have been diminished here, the 
receipts of the department have increased. At the present time the post-office 
department more than pays for itself, except in some of the thinly settled sections 
of the country. 

The present rates of postage are: for the first-class matter, two cents per ounce 
or fraction of an ounce; for the second-class, one cent per pound, or fractional 
part; for the the third-class, one cent for each two ounces or fraction; and for 
the fourth-class, one oent per ounce or fractional part of an ounce. There are a 
few exceptions to these general rates. 

6. The Universal Postal Union. — In 1874 most of the civilized nations 
of the world entered into a postal league, which provided that mail should be 
carried from one country to another, of those forming the union, at a uniform 
rate of postage: letters five cents per one-half ounce, and postal cards each two 
cents. Uniform rates were also fixed for the other classes of mailable matter. 



The Subordinate Executive Departments. 171 

7. Transmission of Money. — Many of the post-offices issue money orders 
and postal notes, in order that those wishing to send sums of money up to a 
certain amount, by mail, may do so with safety. 

8. Free Delivery. — In every city of fifty thousand or more inhabitants, free 
delivery of mail matter is required by law; and in every place containing not less 
than twenty thousand inhabitants, free delivery may be established. 

IT. Department of the NaTY. At first there was but one department 
for the army and navy; but it was found that two sets of officers were needed to 
carry on the work, and so, in 1798, the separate j^avy Department was created. 

The Secretary of the Navy performs the same work for the navy as the Secre- 
tary of War for the army. The work of this department is distributed among 
•eight bureaus: 

1. The Bureau of Yards and Docks superintends all matters relating to 
the navy yards. These yards are located at various large seaports, and contain 
shops for building and repairing war vessels, storehouses for supplies and ammu- 
nition, houses for officers who superintend the works, and necessary wharves. 

2. A Bureau of Construction and Repairs, which attends to the work 
of building and repairing vessels. 

3. Other Bureaus. — The bureaus of navigation, of ordnance, of steam 
engineering, of provisions and clotliing, of medicine and surgery, and of equip- 
ment and recruiting, perform the work indicated by their titles. 

4. Tlie Hydrographic Office. — This is an office which issues nautical 
charts and maps and sailing directions for the use of navigators. It has charge 
of the great Naval Observatory at Washington, with its immense telescope, for 
studying the heavens and acquiring such information of the stars as assists 
sailors in navigating their vessels. 

5. The Naval Academy at Annapolis is under the charge of the Secre- 
tary of the Navy. This school is for the training of naval officers, and is similar 
in most respects to the Military Academy at West Point. Boys who enter must 
be between the ages of fourteen and eighteen. The same number is allowed as 
at West Point, and appointments are made in the same manner. The course of 
iStudy covers six years, two of which are spent at sea. The naval cadet, on gradu- 
ation, becomes a midshipman, and is subject to promotion as vacancies occur. 

Y. Department of the IntERIOE. This department was not created 
until 1849, when it was found that there were so many matters which could not 
be attended to by the other departments that a new one was necessary. It was 
originally called the Home Department, because its work is so closely related to 
the people. A miscellaneous assortment of duties has been collected under this 
department, and the Secretary of the Interior has an immense amount of busi- 
ness to superintend. He has two assistant secretaries, and the work here is also 
divided among bureaus. 

1. The Bureau of Public Lands has control of all the public lands until 
they become the property of States or of individuals. The United States long 



172 Government Under the Constitution. 

ago adopted a system of surveys for this land, by which it is divided into town- 
ships six miles square, each township being subdivided into sections one mile- 
square, or six hundred and forty acres. The land is all surveyed and mapped by 
men sent out for that purpose. 

Under the Homestead Act, signed by President Lincoln, a citizen of the United 
States, or one who has filed his declaration of intention, man or woman, either 
the head, of a family or single, and twenty-one years old, may locate upon one 
hundred and sixty acres of this unoccupied public land. After living thereon 
five continuous years, he or she will receive from the United States government 
a deed of the land, free of cost, excepting small fees paid at the land-office 
through which the business is transacted. 

Under the Pre-emption Act, a person having the above mentioned requirements 
may settle upon one hundred and sixty acres of unsold public land, build a house 
thereon, and, at the end of a year, receive a title to the place by paying the gov- 
ernment $2.50 per acre if it is within the limits of land granted to the raih'oads, 
or $1.25 per acre if it is outside of these limits. Soldiers may acquire title to 
public land on still easier terms. 

The United States government has given the States about 80,000,000 acres of 
land for school purposes. Large tracts have been set aside for Indian and mili- 
tary reservations; a great amount has been donated to railroad corporations and 
canal companies; and there are still remaining large sections of unoccupied- 
public land. 

2. The Census Office. — It is through the Interior Department that the 
United States census is taken every ten years. A Superintendent of Census is 
appointed for each enumeration, who holds his office only until the work of tak- 
ing the one census is accomplished. Besides merely numbering the population, 
a great variety of statistics are collected in regard to the occupations, nationality, 
etc., of the people. A multitude of persons are appointed throughout the coun- 
try to do the work, which is accomplished, as nearly as possible, in one day, in 
order to avoid counting the same persons twice. 

3. The Pension Office. — Ever since the Revolutionary War, our government 
has made liberal provision for soldiers and sailors who have become disabled in 
actual military service, and in cases of death, for their dependent families. This 
work, which is a branch of the Interior Department, is placed in the hands of a 
Commissioner of Pensions. 

4. The Patent Office. — We have already seen how the work of granting 
patents is done, through the Commissioner of Patents. The Interior Depart- 
ment controls this office. 

5. The Bureau of Education is also contained in this department. 

6. The Bureau of Indian Aifairs has charge of all the Indians of the 
United States; of their reservations; of feeding, clothing and governing them; 
of making treaties with them; and of the schools which have been established 
for their education. 

7. The Bureau of Science^ or the Geological Survey^ sends out par- 
ties of scientific men, who explore the unknown parts of the country, trace the 



The Subordinate Executive Departments. 



173 



sources of rivers, measure the heights of mountains, examine the soil and the 
natural productions, search for traces of the ancient inhabitants; and, in various 
ways, advance the scientific interests of the country. This bureau has a great 
National Museum under its charge, at Washington, which contains many objects 
of interest connected with the history and nature of our country. 

8. Bureau of Public Documeuts. — All of the executive departments, and 
many of the ofl&ces under them, publish annual reports of their work. These 
are printed and bound in books, and distributed, free of expense, to any of our 
people desiring them. Many of them are very valuable, as they contain infor- 
mation on numerous subjects of interest relating to our country and its govern- 
ment. They are usually obtained by application to members of Congress. This 
bureau of the Interior Department has charge of these books. 

TI. Department of Agriculture. This was not made into a distinct 

executive department, represented in the cabinet, until 1889. The Secretary of 
Agriculture collects useful information concerning agriculture, and causes it 
to be spread abroad among the people. He collects and distributes new and 
valuable seeds and plants; employs skilled chemists and naturalists to make 
practical experiments; and, in all possible ways, promotes the interests of agri- 
culture throughout the Union.. 



Lessox Rkvikwt. 



1. What is the duty of the Secretary of 
War ? 

2. Who now fills this position ? 

3. What are the duties of the Adjutant- 
General ? 

4. Name the other officers and their 
duties ? 

5. What are the other bureaus ? 

6. Discuss the Signal Service. 

7. What is said of the West Point 
Academy ? 

8. T\Tiat surveys are conducted by this 
department ? 

9. TMiat department ranks next ? 

10. What is the work of this department ? 

11. Who is acting Attorney-General ? 

12. What assistant officers are there ? 

13. Give the history of the Post-Office 
Department. 

14. What is the work of the Postmaster- 
General ? 

15. Who now fills this office? 

16. How is he assisted ? 

17. How are postmasters appointed ? 

18. How is mailable matter classified ? 

19. What is said of cheap postage ? 



20. What are the present rates of postage ? 

21. What is the Universal Postal Union ? 

22. How is money sent by mail ? 

23. What is said of free delivery ? 

24. What deiDartment is next in order ? 

25. Who is now Secretary of the Navy ? 

26. Give names and work of the eight 
bureaus of this department ? 

27. What is the Hydrographic Office? 

28. Teh what you can of the Naval 
Academy ? 

29. What is said in general of the In- 
terior Department ? 

30. Who is the present Secretary of the 
Interior ? 

31. How and when is the census taken ? 

32. Give the work of the Pension Office ? 

33. How are patents, education and In- 
dians connected with this department ? 

34. What is the work of the Geological 
Suiwey ? 

35. Of the Bureau of Pubhc Documents ? 

36. Discuss the Department of Agricul- 
ture. 

37. Who is acting Secretary of AgTi- 
culture ? 



nU Government Under the Constitution. 



KoRTiETH Lesson. 



LJNITKD STrATPKS COURTS. 

AETICLE III. — Judicial Department. 
Section 1. — United States Courts. 
The judicial power of the United States shall be vested in one Supreme Court, and in 
such inferior courts as the Congress may " from time to time ordain and estabHsh. The 
judges, both of the supreme and inferior courts, shall hold their offices during good 
behavior, and shall, at stated times, receive for their services a compensation, which 
shall not be diminished during their continuance in office. 



I. Necessity for a National Judiciary. To allow the courts of the 

individual States to interi^ret and enforce the provisions of the Constitution and 
the laws of Congress, would give rise to the same serious misunderstandings 
which marked the government of the Confederation. Each State would be 
prejudiced according to its own peculiar interests; and one would decide that 
a certain law meant one thing, while another would hold that it had an entirely 
different meaning; and laws that bore heavily on j)articular sections would not 
there be sustained. In order that there may be a strong, uniform and peaceable 
administration of the laws, a National Judiciary to interpret and enforce them 
impartially for the whole Union is a necessity. That it should be distinct from 
the legislative and executive departments, in order to secure full liberty to the 
people, we have already seen. 

II. Federal Courts. The Constitution itself establishes the Supremo 
Court of the United States, and vests in Congress the power of creating inferior 
courts according to its judgment. Congress has, therefore established two 
regular inferior grades, the Circuit and District Courts, and a number of other 
courts for special sections or peculiar work. 

1. Supreme Court of the United States.— This is the highest tribunal 
in the land, and from its decisions there is no appeal. If it decides that a 
provision of the Constitution has a certain meaning, all the people in the land 
must abide by that decision. If it declares a law of Congress to be unconstitu- 
tional, that law becomes only so much waste paper. 

This court consists of one Chief Justice and eight Associate Judges. It holds 
an annual session, beginning on the second Monday in October. Its daily ses- 
sions usually commence at twelve o'clock, and continue four or five hours. The 
nine Judges, attired in full gowns of black silk, sit in chairs on a raised platform, 
before a long desk, opposite the entrance door of the Supreme Court Chamber. 



United States Courts. 115 

They are a most learned and dignified body of men, selected for their great legal 
ability and integrity of character from among the most eminent and experienced 
lawyers of the country. 

All cases are decided by a majority. Whenever five of the Judges agree on 
a question, that must be the decision of the court. 

2. Circuit Courts. — The United States is divided into nine judicial circuits, 
each circuit comprising several States. The nine Judges of the Supreme Court 
are each assigned to one of these divisions, and for each circuit there is also 
appointed a Circuit Judge. 

The Circuit Court may consist of the Supreme Court Justice alone, of the 
Circuit Court Judge alone, or of both together, or of either together with a 
District Court Judge. 

Each Circuit Judge has the power to appoint as many commissioners as he 
deems necessary to assist in the performance of judicial work. The principal 
duties of these officers are to arrest and hold for trial persons accused of offences 
against the United States, and to assist both the Circuit and District Courts in 
taking testimony to be used in the trial of cases. As the matter of a few hours, 
or even minutes, is of great importance in securing criminals, it is necessary that 
there should be persons in every section competent to do commissioners' work. 
Therefore Congress has passed an act which provides that any judge or magis- 
trate of either State or Federal Government may perform the duty of commis- 
sioner. 

3. District Courts. — The circuits are divided into districts, in each of which 
a District Court is held. The divisions are made so that each State has at least 
one of these courts. New York, Texas and Alabama have three each; many of 
the other States are divided into tAvo districts, while the remaining ones form 
each a single district. 

A resident Judge is appointed for each of these divisions, and constitutes the 
District Court. For each, also, a Marshal and District Attorney are ajDpointed 
by the President. The Marshal is the executive officer of the district, with duties 
similar to those of a sheriff; he also has charge of taking the United States 
census in his respective district. The District Attorney is the law officer of the 
United States for his division, with duties corresponding to those of a county 
attorney. 

4. Court of Claims. — It is an established principle in the law of nations, 
that a government cannot be sued by a private individual, unless with its own 
consent. It would be inconsistent with sovereignty. After our government had 
existed more than half a century, it was found that Congress was constantly 
petitioned by individuals for debts which they claimed the government owed them. 
Sometimes it was for services rendered, sometimes for articles furnished for 
public use, and again for land which the government had taken without paying 
the full price demanded. These claims were difficult to settle, and very trouble- 
some to Congress. On this account that body created a Court of Claims, where 
all such cases should be tried. This court consists of a chief-justice and four 



176 G0VERN3IENT UnDER THE CONSTITUTION. 

other judges, and is held in Washington the year round, except for a few months 
in summer. 

The claims considered here are those growing out of the laws of Congress, or 
the regulations of the executive departments, or any contract with the National 
Government; also claims which either house of Congress may see fit to refer to 
it for decision. When a case is decided in favor of a claimant, it is at once referred 
to Congress, and that body usually makes the necessary appropriations. But 
there is nothing compelling it to thus respond to the decisions of this court. 

5. Other Courts. — Congress has established the following additional courts: 

1. TJie Court of the District of ColiimMa, which tries both civil and criminal 
cases for that District. 

2. Territorial Courts in the territories, having about the same powers as the 
State and Federal Courts have within the States. 

3. Courts-Martial, consisting of military or naval officers, for the trial of 
crimes and offences committed in the army and navy. 

4. Military Courts, organized in times of war, within those sections actually 
in a state of war, where ordinary courts cannot perform their regular duties. 

5. Consular Courts, in which American consuls in service in foreign countries 
are allowed to try important cases arising between Americans and foreigners in 
their commercial transactions. 

III. Federal Judges. 

1. Appointment. — We have previously seen that these officers are appointed 
by the President and Senate. 

2. Term of Office. — Federal Judges hold their office by Constitutional 
provision, during good behavior; and this, in most cases, means for life. This 
is the only department of government where offices are held for so long a term. 
It was intended that these officers should be wholly independent of the people 
and of any appointing power, so long as they did not abuse their trust, in order 
to insure just and impartial decisions. 

3. Removal from Office. — But they are not beyond the reach of the law 
themselves. None are in our free government, no matter how high the office 
they may hold. If these judges abuse the great trust placed in their hands, by 
any misconduct in office, they may be removed by impeachment, the same as 
other officials. But in no other way is it possible to remove a Federal Judge 
from office. They may, of course, resign if they so desire. Twice it has 
happened that a Supreme Court Judge became unsound of mind, and not having 
sufficient judgment left to resign, and there being no way in which he could be 
honorably discharged, a most unpleasant situation resulted. 

4. Salaries. — All judges must receive a compensation for their services, and 
this must not be diminished during their continuance in office. Thus they are 
not dependent upon the favor of Congress. The salary may be increased, 
however. As the term of office is so long, a salary sufficiently large at the time 
of appointment might, in the course of time, become very inadequate for the 
necessary expenses of living. 



United States Courts. 



177 



The salary of the Chief -Justice of the United States is $10,500 per annum; of 
the Associate Judges, $10,000; of the Circuit Court Judges, $6,000; and of the 
District Court Judges, from 13,500 to 15,000. 

It is provided by law that any Federal Judge, after he reaches the age of 
seventy years, if he has served ten years, may retire from the bench, and for 
the remainder of his life receive the same salary that was paid to him at the time 
of his retirement. 



1. Why is a National Judiciary neces- 
sary ? 

2. What court is estabhshed by the 
Constitution ? 

3. What power has Congress to estab- 
lish courts ? 

4. How has it exercised this power ? 

5. What is said of the Supreme Court 
decisions ? 

6. State what you can concerning this 
court. 

7. What are circuits ? 

8. What are Circuit Courts ? 

9. What are commissioners and their 
duties ? 

10. What other officers act as commis- 
sioners, and why ? 

11. What are District Courts f 

12. How are the States divided into dis- 
tricts? 

13. What officers are appointed in each 
district? 

12 



14. What is the law in regard to suing 
governments ? 

15. Why was the Court of Claims estab- 
lished ? 

16. Of what does it consist ? 

17. What claims does it consider ? 

18. What is done when a claimant gets 
the decision ? 

19. What other courts has Congress 
created ? 

20. How are Federal Judges appointed ? 

21. What is the term of office of judges ? 

22. Why are they thus fixed ? 

23. When and how may judges be re- 
moved ? 

24. Why cannot their salaries be dimin- 
ished ? 

25. Why can they be increased ? 

26. What are the salaries of the principal 
Federal Judges? 

27. What farther provision is made by 
law? 



1'78 Government Under tee Constitution. 



Korty-Kirst:" Lesson, 



JURISDICTION OK TUB UNITTKr) SXATKS 

COURXS. 

ARTiciiE III; Section 2. — Jurisdiction of the United /States Courts. 

1. The judicial power shall extend to all cases in law and equity arising under this^ 
Constitution, the laws of the United States, and treaties made, or which shall be made, 
under their authority; to all cases affecting ambassadors, other public ministers, and 
consuls; to all cases of admii-alty and maritime jurisdiction; to controversies to which the 
United States shall be a party; to controversies between two or more States; between a 
State and citizens of another State; between citizens of different States; between citizens 
of the same State claiming lands under grants of different States; and between a State, or 
the citizens thereof, and foreign states, citizens or subjects. 

2. In all cases affecting ambassadors, other public ministers, and consuls, and those in 
which a State shall be party, the Supreme Court shall have original jurisdiction. In all 
the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, 
both as to law and fact, with such exceptions and under such regulations as the Congress- 
shall make. 

3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such 
trial shall be held in the State where the said crime shall have been committed; but when 
not committed within any State, the trial shall be at such place or jDlaces as the Congress 
may by law have directed. 

Section 3. — Treason. 

1. Treason against the United States shall consist only in levying war against them or 
in adhering to their enemies, giving them aid and comfort. No jDcrson shall be convicted 
of treason unless on the testimony of two witnesses to the same overt act, or on confession 
in open court. 

2. The Congress shall have power to declare the punishment of treason; but no attain- 
der of treason shall work corruiDtion of blood or forfeiture, except during the life of the 
person attainted. 

I. Jurisdiction of the United States Courts in General. The 

United States Courts do not have jurisdiction in all kinds of cases, but only 
such as are specified in the Constitution. These are: 

1. Cases Arising under tlie Constitution^ Laws and Treaties. — The 

United States Courts are given jurisdiction in all these cases, in order that the 
interpretation of the National laws may be uniform, and that the National 
Judiciary may not be dependent upon the States for the interpretation and 
enforcement of its own laws. 

It will be observed that the words of the Constitution are, "all cases in law 
and equity." Courts of Equity are for the trial of extraordinary cases, for which 
no plain and complete remedy can be had in the courts of law. Such courts 
adapt their decisions to the circumstances of the case, and the peculiar rights of 



Jurisdiction of the United States Courts. 179 

the parties interested. This the courts of common law cannot do, since they are 
bound to give an absolute judgment, either for the plaintiff or defendant. These 
peculiar cases are the ones to which reference is made. 

2. Cases Affecting Ministers and Consuls.— The oflBcial agents, sent 
here from foreign countries, must be protected in their rights and privileges, if 
we would continue our friendly relations with the governments sending them. 
As the National Government is held responsible for the treatment of these min- 
isters and consuls, the Federal Courts are given jurisdiction in all cases affecting 
them. 

3. Cases of Admiralty and Maritime Jurisdiction. — These are cases 
arising on the sea or connected with vessels; as, cases of collision, of captures in 
time of war, or claims for repairing vessels, or contracts for carrying freight or 
passengers. Uuder this head are also included cases originating on the great 
lakes and navigable rivers. 

On the high seas all nations claim equal right and jurisdiction; thus many of 
our admiralty cases affect foreigners. For this reason admiralty jurisdiction is 
given the United States Courts. Still another reason is that such matters are- 
connected with the regulation of commerce; and yet another, that the States 
have no jurisdiction over the ocean. 

4. ControTersies in wliicli tlie United States is a Party. — Cases in^ 
Avhich the whole people are interested should certainly not be left to the courts, 
of an individual State. Unless the United States Courts had jurisdiction in 
such cases, the rights and powers and privileges of the Nation would be at the 
mercy of the States, and the Union would not long be able to maintain its 
existence. 

5. Cases Affecting Dift'erent States or their Citizens.— This class of 
cases was placed within the jurisdiction of the Federal Courts, for the purpose 
of preventing dissensions among the States. They are the cases which affect 
two States or the citizens of two States; and it could hardly be expected that the 
courts of any State would always render impartial decisions where its own inter- 
ests or those of its citizens were thus involved. 

The cases mentioned, in which citizens of the same State claim lands under 
grants of different States, are cases in which States, disagreeing over their 
boundaries, have granted the same tract of land to different individuals. 

Controversies between a State or its citizens, and foreign states, citizens or 
subjects are settled in the United States Courts for the same reasons that the 
cases of this section are so decided. 

The part of this provision which refers to suits brought against a State by 
citizens of another State, or foreign citizens or subjects, is now void by the 
eleventh amendment. We shall see when we reach that subject, that no private 
citizen or subject can now bring suit against a State. 

II. Jurisdiction of the Inditidual Courts. 

1. Of tlie Supreme Court. — The only cases in which the Supreme Court 
ha5 original jurisdiction are those affecting foreign ministers and consuls, and 



180 Government Under the Constitution, 

those in which a State is a party. These cases were thought to involve such 
important interests that they should be referred to the highest judicial tribunal. 
The chief business of this court is to review the decisions of inferior courts; 
from which circumstance it derives much of its great dignity and importance. 
Eut Congress has complete control of this appellate jurisdiction; and if at any 
time that part of the work becomes too great, Congress may transfer a portion 
to the inferior courts; or it may, at any time, extend such jurisdiction. 

2. Of the Circuit Courts. — By act of Congress, these courts have original 
jurisdiction in suits between citizens of different States, and between aliens and 
citizens, when the amount involved exceeds five hundred dollars. Also in suits 
under the revenue, patent and copyright laws; and in cases involving the grants 
of different States. All crimes and offences committed against United States 
laws, which are punishable by death or heavy penalties, are tried in these 
courts. 

Cases are appealed to the Circuit Courts from the District Courts. 

3. Of the District Courts. — The jurisdiction of these courts extends to 
the lesser crimes and offences, committed in their respective districts, against 
the laws of the United States. Minor offences on the high seas are also tried in 
thetee courts. 

III. Arbitration. Very often matters of difference are settled by arUtra- 
tion, instead of in the regular courts of law. This is done by referring the 
disputed matters to disinterested persons, mutually agreed upon by the contend- 
ing parties. The opinion of the arbitrators is called an award ; and the parties 
to the arbitration are bound by this decision. Cases of crime cannot be disposed 
of in this manner. 

In modern times nations often resort to this intelligent and peaceful method 
of settling differences, instead of appealing to arms and the horrors of war. One 
of the most famous cases of this kind on our records is the Alabama case. 
During the Civil War, American vessels and cargoes were seized by vessels built 
in England, and sometimes sailing under English colors, prominent among 
them being the Alabama. Our government demanded compensation of the 
English government for these depredations; but England claimed to know 
nothing of such vessels, and would not be held responsible for their work. The 
dispute continued until, in 1871, the two nations agreed to settle the matter by 
arbitration. Five commissioners were appointed, one each by England, the 
United States, Brazil, Switzerland, and Italy. This tribunal assembled in 
Geneva, Switzerland, and, after a thorough examination of the matters sub- 
mitted to them, awarded our government fifteen and one half million dollars in 
gold. Great Britain promptly paid the award. 

Claims against our government are often submitted to such commissions for 
settlement. 

lY. The Trial of Crimes. All persons charged with crime are given the 
privilege of a trial by jury, except in cases of impeachment, ,and then the whole 
body of Senators act as jury. This clause also provides for trying crimes in the 



Jurisdiction of the United States Courts. 181 

States where they are coramitted, or, if not committed in a State, at such places 
as Congress may direct. The sixth amendment enlarges upon this subject, 
and under that head the matter will be farther discussed. 

y. Treason. 

1. Definition. — Treason has always been regarded as the highest crime a 
citizen or subject can commit, because it has for its object the overthrow of the 
government. Nations protect themselves against this crime by inflicting upon 
traitors the severest and many times the most barbarous and degrading punish- 
ments. There is always a tendency, especially in time of great political excite- 
ment, to construe innocent acts as treasonable. Many times wicked kings and 
judges have so interpreted harmless deeds or words, in order to rid themselves 
of obnoxious persons. And there are to-day numerous governments which, 
fearful of merited destruction, constantly see, or claim to see, in the ordinary 
speech and action of their subjects, proof of treason, and inflict barbarous pun- 
ishments accordingly. 

To guard against the possibility of such wrongs, the Constitution emphatically 
declares that nothing but making actual war against the United States, or giving 
aid and comfort to its enemies, shall be called treason. 

2. Proof. — It farther provides that, unless a person makes confession of 
treason in open court, he cannot be convicted of the crime, but by the testimony 
of two witnesses to the same open act. Even in cases of murder, the direct 
testimony of one competent witness is sufficient to convict; and, where there is 
no direct testimony to the commission of the crime, strong circumstantial 
evidence is often deemed sufficient. But the danger of convicting innocent 
persons of treason was considered so great as to demand these strong safe- 
guards. 

3. Punishment. — It was left with Congress to prescribe the punishment for 
traitors; but one restriction was placed upon its power. No attainder of treason, 
that is, judgment by a court, should work corruption of blood, or forfeiture, 
after the death of the traitor. We have already seen how, formerly, in England, 
the punishment for treason worked forfeiture of property and corruption of 
blood. Here innocent people are not punished for the crimes of their relatives. 
Congress has passed a law, which provides that no conviction of crime against 
the United States shall work corruption of blood or any forfeiture of estate. 

The punishment for treason has been tixed by Congress at death, or, at the 
discretion of the court, imprisonment for not less than five years and a fine of 
not less than ten thousand dollars. 



182 



G0VERN3IENT UnDER THE CONSTITUTION. 

Lbsson Rbvik^nt. 



1. How is the jurisdiction of the United 
States Courts specified? 

2. What is the first class of cases men- 
tioned ? 

3. Why has the National Judiciary con- 
trol of these cases? 

4. What is meant by Cases in Equity? 

5. What is the second class of cases 
named ? 

6. Why have the Federal Courts juris- 
diction in these cases ? 

7. What are cases called which arise on 
the sea ? 

8. What other cases are included under 
this class? 

9. For what reasons was the United 
States given power over these cases ? 

10. What is said of the foui-th class of 
cases? 

11. What cases are given the United 
States Courts in order to avoid trouble be- 
tween the States ? 

12. Why is there danger of trouble in 
such cases? 

13. What are the cases concerning grants 
of States? 

14. What is said of cases affecting for- 
eign states or subjects? 

15. What part of this provision has been 
rendered void by amendment ? 



16. What original jurisdiction has the 
Supreme Court ? 

17. Wliat is said of its appellate juris- 
diction ? 

18. What is the jurisdiction of the Cir- 
cuit Courts? 

19. What of the District Courts ? 

20. What is arbitration'^ 

21. What is an award f 

22. How is this method used in modern 
times ? 

23. Give the illustration. 

24. What privileges are allowed crim- 
inals ? 

25. How is treason looked upon ? 

26. How is it usually punished ? 

27. Wliat is said of the danger of wrong- 
ing innocent persons ? 

28. How is this done in many existing 
governments ? 

29. Why and how does the Constitution 
define treason ? 

30. What is said of the proof of treason ? 

31. How is the matter of punishment 
provided for by the Constitution ? 

32. Why was this restriction placed on 
the power of Congress ? 

33. How has Congress settled the ques- 
tion? 



Relations of the States. 183 



Korxy-Second Lesson. 



RBivATioNS OK "The: stattks. 

AETICLE rV. — Kelations of the States. 
Section 1. — Puhlic Becords. 
1. Full faith and credit shall be given, in each State, to the public acts, records and 
.judicial proceedings of every other State. And the Congress may, by general laws, pre- 
scribe the manner in which such acts records, and proceedings shall be proved, and the 
effect thereof. 

Section 2. — Privileges of Citizens. 

1. The citizens of each State shall be entitled to all privileges and immunities of citi- 
zens in the several States. 

2. A i^erson charged in any State wdth treason, felony or other crime, who shall flee 
from justice and be found in another State, shall, on demand of the executive authority 
of the State from which he fled, be delivered up, to be removed to the State having juris- 
diction of the crime. 

3. No person held to service or labor in one State, under the laws thereof, escaping into 
another, shall, in consequence of any law or regulation therein, be discharged from such 
•service or labor; but shall be dehvered up on claim of the party to whom such service or 
labor may be due. 

Section 3. — New States and Territories. 

1. New States may be admitted by the Congress into this Union; but no new State 
:shall be formed or erected within the jurisdiction of any other State; nor any State be 
formed by the junction of two or more States, or parts of States, without the consent of 
the Legislatures of the States concerned, as well as of the Congress. 

2. The Congress shall have power to dispose of, and make all needful rules and regu- 
lations respecting, the territory or other i3roperty belonging to the United States; and 
nothing in this Constitution shall be so construed as to prejudice any claims of the United 
states or of any particular State. 

Section 4. — Guarantee to the States. 
1. The United States shall guarantee to every State in this Union a republican form of 
government, and shall protect each of them against invasion; and, on application of the 
Xiegislature, or of the Executive (when the Legislature cannot be convened), against 
•domestic violence. 



I. State Records. The puUic acts, mentioned in the first clause, have 
reference to the laws made by the State Legislatures; the records mean all 
matters that are recorded by law, and also include the laws, as well as real estate, 
records, etc. ; the judicial proceedings are the acts of the courts, judgments, 
orders, etc., and refer only to civil cases. Full faith and credit must be given 
these acts, records and proceedings of each State, in every other State in the 
Union; that is, the other States must give them the same credit which the State 



ISJf. Government Under the Constitution. 

itself gives its own records and proceedings. If a person is sued in Iowa, and 
a decision rendered against him, it may be enforced in whateyer State lie goes. 

If it were not for this clause, each State might provide that, no matter how 
many times cases had been tried in the courts of other States, it would not 
enforce their decisions until the suits had been tried again in its own courts. In 
this way questions which had been once decided would be open to litigation as 
often as one of the parties removed to another State, and endless confusion and 
misunderstandings would follow. 

Congress has prescribed the manner in which public acts, records and proceed- 
ings may be proved, and has declared that, when thus proven, they shall have 
the same faith and credit given them in every court of the United States as they 
have in the courts of the State from Avhich they are taken. 

II. Privileges of Citizens. Although the States have supreme power 
over matters which do not belong to the General Government, yet they cannot 
have two kinds of laws and two kinds of privileges, one for their own citizens 
and the other for citizens of other States. The Constitution forbids this. The 
moment a citizen of one State enters another State, he may buy, hold and sell 
property there, engage in any trade or profession, and be protected by the laws 
of the State the same as its own citizens. No power can withhold these rights 
froqi him. 

It is said that this provision has done more to make the citizens of this country 
one people than any other in the Constitution. 

III. Fugitive Criminals, if a person, committing a crime in one State, 
could cross over the borders into another State, and at once be freed from the 
power of the law, every State in the Union would soon become an asylum for 
thieves and murderers, and crimes of every description would increase with every 
year. 

Since the officers of one State have no power to perform official actions in 
another, it is of the highest importance that criminals fleeing from justice should 
be delivered up to the State having jurisdiction, by the authorities of the State 
in which the fugitives are found. 

The Constitution declares that this shall be done. The person must first be 
cliarged with crime, as the law prescribes, before a court of competent jurisdic- 
tion. In the meaning of this provision a crime is whatever the laws of the State 
which makes the demand declare to be a crime. The governor must then send 
a requisition or demand to the governor of the State in which the fugitive is 
found, for his delivery. 

Although the framers of the Constitution made provision for the return of 
fugitive criminals, they did not make any mention of compelling such action; 
and the Supreme Court has decided that there is no way in which it can be 
done. However, the requisition is usually complied with; though there have 
been numerous cases in which a governor has refused to give up a fugitive crim- 
inal, and thereby caused serious contentions between the States concerned. 

The gravest troubles caused by such refusals arose during the years of slavery. 



RELA.TIONS OF THE STATES. 185 

According to the laws of the slave States, persons who induced slaves to escape 
from their masters were criminals. The governors of free States many times 
refused to comply with requisitions for such criminals, because they felt their 
deeds to be so far removed from crime that compliance could not conscien- 
tiously be made. 

IT. FUGITITE Slates. Throughout the proceedings of the Constitutional 
Convention, whenever questions arose that involved the subject of slavery, the 
opposition of the Xorth to that institution was plainly manifest in the bitterness 
of the debates which followed. The South, foreseeing the abolition of slavery 
in other [Northern States than Massachusetts, feared that such States would then 
become a refuge for escaping slaves; and since, by the common law, a slave 
esca]3ing into a non-slaveholding State became free, they would have no security 
in the possession of their slave property. They, therefore, wanted some provision 
made by which they could reclaim their fugitive slaves. The Xorthern States, 
though greatly opposed to this, yet feared that the Southern States would not 
otherwise accept the Constitution, and consented to such provision. Since the 
abolition of slavery, that part of the provision relating to slaves has been obso- 
lete; and, although apprentices are also included within its meaning, it has 
always had little effect with regard to them. 

y. goyernment of united states territory and other 
Property. 

1. Organized Territories. — "When a section of territory belonging to the 
United States becomes sufficiently populated to require a local government for 
insuring peace and safety to its people, the inhabitants petition Congress to 
organize them into a territorial government. If thought advisable by Congress, 
the request is favorably considered, and a bill is passed organizing the territory 
under some name, which is usually suggested by the people themselves. 

The President then appoints a governor, judges, and certain other officials, and 
the Senate confirms his appointments. The people themselves elect a Legislature. 

This government is conducted in very much the same manner as State govern- 
ments; but the territories, in reality, have none of the individual rights which 
the States possess. Congress has the supreme control of these governments. It 
can pass any laws, and enforce them within the territories, or annul any laws 
passed by their Legislatures. 

The people of the territories have no share in Presidential elections, and send 
no Senators or Eepresentatives to Congress. By an act of the National Legis- 
lature, however, each territory is allowed one delegate in the House of Represen- 
tatives, but he has no vote. He looks after the interests of his own territory as 
he can best do so. He is entitled to speak in the House upon all questions 
relating to the interests of the people whom he represents, and is thus able often 
to influence the legislation affecting his territory. 

2. Indian Territory. — All of the territories of the United States are now 
under organized governments with the exception of Indian Territory. This was 



186 Government Under the Constitution. 

set apart as a permanent home for the Indians, both those who are natives of the 
territory, and those who have been removed thither from other sections. Each 
tribe owns the portion of country given it by the National Government. They 
are allowed to make and execute their own laws, and live according to their own 
customs and manners. Some tribes have become civilized to a considerable 
extent, having churches, schools, and a form of government resembling that of 
neighboring States. If they commit crimes against white men, they may be 
tried and punished in United States courts sitting in the districts of certain 
adjoining States. 

In 1889 a section of about eighty-seven townships, in the heart of this terri- 
tory, having been purchased by the United States government of the Creek and 
Seminole nations, was, by proclamation of President Harrison, opened to white 
settlers. This section is called Oklahoma, meaning the Indian Country. It is 
probable that still larger sections will be purchased of the Indians and opened 
to settlement. 

The control of the territory is in the hands of Congress. 

3. Yellowstone Park. — Until within recent years, the valley of the Yellow- 
stone Kiver was little known to white men, and the Indians, filled with super- 
stitious dread of its boiling springs and spouting geysers, had avoided the region, 
which seemed to them the dwelling place of evil spirits. 

But after the valley had been fully explored by Professor Hayden and his 
party, the United States government decided to set it apart as a perpetual 
National Park. In this way the wonders of the place are preserved in a state of 
nature, and will always be free to the whole people. This park contains over 
thirty-five hundred square miles, and was taken almost entirely from Wyoming. 
Congress has complete control of the section. 

4. Other Property. — Besides having full power over all territory belonging 
to the United States government. Congress also controls all other National prop- 
erty. Under these heads would be included all territory and other property not 
belonging to any State. 

YI. Admission of New States. 

1. Why the Constitution Provides for Their Admission.— At the 

close of the Eevolutionary War there were large tracts of unoccupied territory 
claimed by several States within the vague descriptions of their charters. Those 
States which had none of this territory insisted that, as all alike had given their 
blood and property to wrest it from the British crown, it ought to become the 
property of the United States, and go toward paying the expenses of the war. 
There was a long controversy over this subject, and Congress finally passed a 
resolution declaring that these lands, if ceded to the General Government, should 
be disposed of for the common interests of the people; and should be settled and 
formed into distinct republican States, to become members of the Federal Union. 
New York then took the lead in surrendering her part of this land; and the 
other States, Virginia, Massachusetts, Connecticut, South Carolina, North Caro- 
lina and Georgia, followed her example, at various dates. Thus, in the Consti- 



Relations of the States. 187 

tution, Congress was given the power to admit new States. The Articles of 
Confederation contained no such provision. 

2. The Fears of the States Quieted. — But the large States were afraid, 
if Congress had unlimited power in the matter, that they might each be divided 
into several small States; and the small States feared lest two or more of them 
he united to form large States. Consequently Congress was forbidden to do 
either, without the consent of the Legislatures of the States concerned. 

3. Petition for Admittance. — When a territory becomes sufficiently popu- 
lated, and desires to have a State government, it petitions Congress to admit it 
into the Union. A State now to be admitted must contain a population large 
■enough to entitle it to at least one Eepresentative in the House. Sometimes evil 
practices exist in a territory which make Congress fearful of giving it the power 
of a State government, although it has sufficient population. Thus territories 
may be kept waiting outside a long time before Congress will open the door of 
the Union to them. 

4. Admission. — Ordinarily, in admitting States, Congresss passes what is 
called an EnaUing Act, which authorizes the people to frame and adopt a con- 
stitution, and provides for the admission of the State upon certain conditions. 
Then the people of the territory, either in Convention, or through their Legis- 
latures, frame their constitution. This is submitted to Congress, and, if it is 
in full accord with the Constitution of the United States and our republican 
government, and if all the conditions imposed by Congress have been properly 
•complied with, the National Legislature formally admits the new State into the 
Union. 

Sometimes the people of a territory are allowed to form a constitution and 
elect officers to administer it, and then submit it to Congress and apply for 
admission. 

Of the thirteen original States, seven were free States and six slave States at 
the time of the adoption of the Constitution. For more than half a century 
afterward, slave and free States were admitted in such order as to equally pre- 
serve the balance of power in the Senate. 

Til. Republican Government Guaranteed. The United states 

must see to it that every State has a republican form of government. If pne 
State could establish a monarchy, and another an aristocracy, and another have 
no government at all, there would soon result such conflicts and confusion as 
would destroy the Constitution itself. 

The National Covernment is also bound to protect any State against foreign 
invasion, and against domestic violence, if the State so requests. This is to 
farther provide against the republican government of any State being over- 
thrown, either by a foreign enemy or by its own people. 



188 



Government Under the Constitution. 



Lbsson Revik^^t. 



1. What is meant by the public acts, 
records, and judicial proceedings f 

2. What does the Constitution say in 
regard to these ? 

3. What is the benefit of this provision ? 

4. What law has Congress made as to 
their proof ? 

5. What right had Congress to pass this 
law? 

6. What is said of the privileges of 
citizens ? 

7. Why should escaped criminals be re- 
turned to the States from which they fled ? 

8. How is this return made ? 

9. What did the framers of the Consti- 
tution overlook in this matter ? 

10. What troubles have been caused 
thereby ? 

11. Why was the fugitive slave clause 
inserted ? 

12. What effect has the provision now ? 

13. How are teiTitories organized ? 

14. How does a territorial government 
compare with State governments? 



15. What is said of territorial delegates ? 

16. How does Indian Territory differ 
from the other territories? 

17. What is said of the Indian tribes- 
therein ? 

18. What is said of Oklahoma? 

19. State what you can of Yellowstone 
Park. 

20. How is the other property of the 
United States controlled? 

21. Why does the Constitution provide 
for the admission of new States ? 

22. What was done to quiet the fears of 
the States ? 

23. When do territories petition for ad- 
mittance to the Union ? 

24. Why are they sometimes kept wait- 
ing outside ? 

25. How are States ordinarily admitted? 

26. What other plan is sometimes fol- 
lowed ? 

27. What must the United States gov- 
ernment do for the State governments ? 



Miscellaneous Provisions. 189 



Korxy-TThird Lesson. 



JVIISCEIvIvAN^EOLJS F»ROVISIOiNrS. 

ARTICLE Y. — Po^^-ER of Amendment. 

The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose 
amendments to this Constitution, or, on the application of the Legislatures of two-thirds 
of the several States, shall call a convention for proj)osing amendments, which, in either 
case, shall be valid to all intents and pur^Doses as part of this Constitution, when ratified 
by the Legislatures of three-fourths of the several States, or by conventions in three- 
fourths thereof, as the one or the other mode of ratification may be i)roposed by the Con- 
gress; i^rovided that no amendment which may be made prior to the year one thousand 
eight hundred and eight shall in any manner affect the first and fourth clauses in the 
ninth section of the first article, and that no State, without its consent, shall be deprived 
of its equal suffrage in the Senate. 

AETICLE YL — National Debts; Supremacy of National Law; Oath; 

Religious Test. 

1. All debts contracted and engagements entered into before the adoption of this 
Constitution shall be as valid against the United States under this Constitution as under 
the Confederation. 

2. This Constitution, and the laws of the United States which shall be made in pursu- 
ance thereof, and all treaties made, or which shall be made, under the authority of the 
United States, shall be the supreme law of the Lind; and the judges in every State shall 
be bound thereby, anything in the constitution or laws of any State to the contrary 
notwithstanding. 

3. The Senators and Representatives before mentioned, and the members of the several 
State Legislatures, and all executive and judicial officers, both of the United States and of 
the Several States, shall be bound by oath or affirmation to support this Constitution; but 
no religious test shall ever be required as a qualification to any office or public trust under 
the United States. 

ARTICLE XTL. — Ratification of the Constitution. 

The ratification of the Conventions of nine States shall be sufficient for the establish- 
ment of this Constitution between the States so ratifying the same. 

Done in Convention, by the unanimous consent of the States present, the seventeenth 
day of September, in the year of our Lord one thousand seven hundred and eighty-seven, 
and of the Independence of the United States of America the tweKth. 

a:mendments to the constitution. 

ARTICLE I. — Freedom of Religion, of Speech, and of the Press. 
Congress shall make no law respecting an establishment of religion, or prohibiting the 
free exercise thereof; or abridging the freedom of speech, or of the press; or the right of 
the iDCople peaceably to assemble, and to petition the government for redress of grievances. 
[Adopted 1791.] 



190 Government Under the Constitution. 

I. Amendment of Constitution. No one can proceed thus far in the 

study of our government, without being deeply impressed with the marvelous, 
intellect and wisdom of the men who made our Constitution. And by the 
power of this same intellect they comprehended that no human code of laws 
could ever be perfect, and that no Constitution could be made which would 
provide for the wants and necessities of a growing nation, before those needs 
existed. Therefore they provided in this body of laws a method by which it 
could itself be changed. 

But these same men had seen and experienced the troubles which continually 
arose when another government had made and changed their laws at its pleasure, 
and also when the laws of a feeble central home government had been defied 
and overthrown at the will of jealous States; and so they made the alteration of 
this Constitution so difficult a thing that it could not be done at the fickle desire 
of a few States, or even a bare majority, but only when the great mass of the 
people really desired it; for only the people themselves can make these changes^ 

Only by the folloAving method can the Constitution be amended: 

1. How Proposed. — Whenever Congress, by a two-thirds vote of each house,, 
desires that a certain amendment or amendments be proposed, they may then 
submit their proposition to the States. 

Or, if the Legislatures of two-thirds of the States apply to Congress to call a 
convention for proposing amendments, that body must comply with the request. 
This latter method has never yet been used. But if at any time Congress should 
refuse to propose some desired amendment, the States themselves could take the 
matter into their own hands by means of this second way provided. 

2. How Ratified. — After an amendment has been proposed, it must be 
submitted to the States for approval. Congress must declare whether this shall 
be done by the Legislatures or by conventions called in each State for the pur- 
pose. If the Legislatures or conventions of three-fourths of the States ratify 
the amendment, it then becomes a part of the Constitution. Thus far all 
amendments that have been made have been ratified by the Legislatures. 

3. Restrictions. — But there is one i3rovision of the Constitution which can 
never be amended, and that is the one giving the States equality in the Senate. 
This provision was made in order to still further secure the smaller States 
against loss of power in that body. 

Another restriction was also added, concerning the slave-trade and direct taxes^ 
which is now without effect. 

II. National Debts. In order to satisfy the creditors of the Confederate 
Government that the new government would assume all the debts and keej^ all 
the engagements of its predecessor, the clause to that effect was inserted. 

III. Supremacy of National Law. The next clause declares that the 
Constitution, laws of Congress, and treaties, shall be supreme, no matter what 
the constitutions or laws of any State may be. It is this provision which gives 
effect to the whole Constitution. By it, if any State law or constitution conflicts 



Miscellaneous Provisions. 191 

with the law of the Nation, the former is void, and the judges of the State 
courts must hold it so. t 

lY. Oath of Office. A solemn oath or affirmation tends to make a con- 
scientious man more painstaking in the execution of his duties, while it binds 
the consciences of men of less principle as, perhaps, nothing else will do. This 
was considered a matter of such importance, that the provision vs^as inserted 
expressly requiring every officer of the three departments of both State and 
National Government to be bound by oath or affirmation to support the Consti- 
tution of the United States. They are usually required to swear, also, that they 
will faithfully perform the duties of their office to the best of their ability. 

It is in order that persons who have conscientious scruples against taking an 
oath, as, for example, the Quakers, may not be excluded from office, that a 
solemn affirmation is allowed to be made instead of an oath. 

V. Religious Test. But no National officer can ever be required to declare 
himself in favor of, or against, any religious belief, as a qualification for office; 
every citizen of this country has perfect freedom in his religious faith. States 
may, if they so desire, require religious tests of their officers, and some have 
done so; but usually it is forbidden in the State constitutions. 

YI. A Bill of Rights. When the Constitution was submitted to the 
States for their approval, among the most serious objections raised against it was 
the omission of a Bill of Rights. By this was meant a formal declaration cf 
those rights of the people which were most important to their liberty. Several 
of the States for some time refused to ratify, because of this omission, but finally 
yielded, at the same time expressing a decided desire that these additional 
provisions be made. 

Although these rights were not conferred upon the people, by direct guaran- 
tees of the Constitution, yet it was believed by the framers of that instrument, 
and by many others, that this in no way interfered with the full liberty of the 
people. Because the National Government could only exercise such powers as 
were given it by the Constitution, and because all other powers and privileges 
were reserved to the States, they held that these rights in question belonged to 
the people, since they were not taken away by the Constitution, just the same 
as though expressly enumerated therein. 

But the experience of the colonists with Great Britain had made them so 
suspicious of a central government's abuses and usurpations, that their fears, in 
this instance, could not be quieted; and the first Congress, at its first session, 
proposed twelve amendments, ten of which were ratified by the required number 
of States. These ten are called the American Bill of Rights, and they place 
limitations on Federal authority only. The States themselves are not bound 
by these provisions, but their Constitutions, without exception, contain similar 
guarantees. 

YII. Religious Liberty. Some of the most cruel and bloody persecutions 
of history have resulted from the resistance of subjects to the attempts of their 



192 G0VERN3IENT UnDER THE CONSTITUTION, 

government to compel their religious worship according to certain prescribed 
forms. Governments have alwa3^s been slow to learn that their jurisdiction does 
not extend over a man's conscience, but only over his relations to his fellow-men- 
They have repeatedly declared certain churches to be the churches of state, and 
have insisted upon their subjects worshiping according to the rules and forms of 
those particular churches, no matter what the beliefs of the people themselves 
might be. Our forefathers were familiar with the dark history of those 
countries where church and state had thus been united, and therefore they 
forbade Congress ever to make any church a state church, or any religion a state 
religion, or in any way to interfere with the religious institutions and convictions 
of the people. 

This does not mean that a man may offer human sacrifices, or do anything 
that will interfere with the liberty of others, under cover of religious beliefs. 
His liberty in such matters extends only to himself. 

Till. Freedom of Speech and the Press. One of the strongest safe- 
guards of a tyrannical and corrupt government lies in its power to control both 
the spoken and printed words of its subjects. If people who are not satisfied 
with their government are allowed to speak their criticisms freely, and scatter 
them widely by publication, the popular discontent is excited and increased 
until the danger of open rebellion becomes constant. But where the govern- 
ment is by the people themselves, every citizen should have the right to discuss 
freely all public measures, and to criticise fearlessly the official acts of officers, 
always provided he does so with good motives. In our country every citizen 
possesses the right of speaking or printing whatever he chooses. But it must 
not be supposed that this gives him the right to abuse such freedom, to wrong 
others in their rights or property or reputation, or to publish what is blasphemous 
or injurious to public morals. 

All of the States have laws which furnish protection against slander and libel. 
Slander consists in maliciously attacking a person's reputation by word of 
mouth; charging him with an offence punishable by infamous punishment, with 
unfaithfulness in office, or with want of integrity or capacity in conducting 
business. 

Libel is a published slander; and the publication may be by writing or print- 
ing, or by pictures or caricatures. Any publication is a libel which blasphemes 
God, or brings contempt or ridicule upon the Christian religion; or is immoral or 
obscene; or imperils the peace of the country by personally abusing a foreign 
sovereign or his officers; or brings false and malicious charges against the law or 
government of the country; or blackens the memory of the dead, or injures the 
reputation of the living. 

In the law, libel is considered a greater offence than slander, because the 
attacks are made with more deliberation, have a wider circulation, and thus are 
more injurious in their effects. Libel is an indictable offence and therefore 
punishable criminally; and at the same time the party libelled may bring civil 
action for damages. Slander is not indictable. It is considered an injury only 
to the person slandered, and he may bring action for damages. 



Miscellaneous Provisions. 193 

IX. The Right of Assembly. Congress cannot prevent the people of 
this country ivom. peaceably assembling, whenever and wherever they will; neither 
has any State ever called this right into question. In many governments the 
right of assembly, even peaceably, is denied the people, because of the opportuni- 
ties which it affords for plotting rebellion and war; but those are the governments 
in which the people have little or no power; here, where they have all power, 
there is small danger of their plotting against themselves. 

The frequent coming together of the people of a free country, to deliberate 
upon matters of political importance, instead of endangering the public peace, 
does much to foster it; for the spirit of patriotism is strengthened by keeping 
the masses informed on the workings of their free government, and legislation 
is influenced in the right direction. 

When, however, any assemblage becomes riotous, or threatens to result in 
public disorder, it may be suppressed according to the laws of the States. 

X. The Right of Petition. One reason why the king and Parliament 
would not listen to the petitions of the colonists, was that they thought the people 
had no right to meddle with the affairs of government in such manner. Natu- 
rally, when it was found that the Constitution did not especially acknowledge the 
right of petition, the people desired to have it done. They wanted the power 
of the law behind them whenever they thought best to ask for the repeal of 
oppressive laws, or the enactment of new ones, or to call the attention of the 
government to any matter of wrong and injustice. 

It has been held that this was an unnecessary declaration of the Constitution, 
because the right of petition would never be denied in a government founded 
upon such principles as ours. But for many years fierce debates arose in Con- 
gress over this right. The presentations of joetitions concerning slavery were 
bitterly opposed by many of the members. This proved the wisdom of our 
fathers in inserting the provision. 

The right of petition is an important one. By it members of the government 
obtain valuable information of the wants and needs of the people. Thus many 
a wrong is righted which otherwise might not have come within the knowledge 
of the government. It is also an admirable method of placing a legislai:ive 
body under the direct control of public opinion. 



Lksson REVIK^VST. 



1. What impression is gained by study- 
ing the Constitution thus far ? 

2. Why was provision made for amend- 
ment? 

3. Why was amendment made diffi- 
cult? 

4. How are amendments proposed? 

5. How are they ratined? 

13 



6. How have all amendments thus far 
been proposed and ratified? 

7. What are the restrictions upon this 
power? 

8. Why was the clause concerning debts 
and engagements inserted? 

9. What is said of the supremacy of 
National law? 



194 



G0VERN3IENT UNBER THE CONSTITUTION. 



10. "What persons must take the oath of 
office, and why? 

11. Why is it allowable to make affirma- 
tion instead of oath? 

12. What is the Constitutional law as to 
religious tests? 

13. What objection was made to the 
Constitution concerning a Bill of Eights? 

14. What was meant by a Bill of Eights? 

15. What views were held by the framers 
of the Constitution and others in regard 
to the matter? 

16. Why and when were the first ten 
amendments made? 

17. What are these amendments called? 

18. Upon what are they binding? 

19. Why is rehgious hberty allowed our 
people? 

20. How far does this liberty extend ? 

21. Why do some governments withhold 
freedom of sj^eech and of the press from 
their subjects? 



22. Where should this freedom be al~ 
lowed ? 

23. What is said of this freedom in our 
country? 

24. What laws have the States concern- 
ing this subject? 

25. What is slander? 

26. What is lihelf 

27. How are these considered in the law? 

28. What is the right of the people of 
this country in regard to assembling? 

29. What is said of the right in some 
other countries? 

30. What benefit is derived from this 
practice? 

31. What is done in case of disorder? 

32. Why did the people wish a special 
acknowledgment of their right of petition? 

33. Why did the provision prove a wise 
one? 

34. What is said of the imj^ortance of 
this right? 



Amendments to the Constitution. liJo 



KORTY-KOURTH LeSSON 



AIVIKNDIVIKKXS T"0 THE CONSTITrUTlOiN:. 

AKTICLE II.— Eight to keep Aems. 
A well-regulated militia being necessary to the security of a free State, the right of the 
people to keep and bear arms shall not be infringed. [Adopted 1791.] 

ARTICLE m. — Quartering SoiiDiEES in Private Houses. 
No soldier shall, in time of peace, be quartered in any house without the consent of the 
owner; nor in time of war, but in a manner to be prescribed by law. [Adopted 1791.] 

ARTICLE IV.— Search Warrants. 
The right of the people to be secure in their persons, houses, papers and effects against 
unreasonable searches and seizures shall not be violated ; and no waiTants shall issue but 
upon probable cause, suf)ported by oath or affirmation, and jDarticularly describing the 
place to be searched and the jpersons or things to be seized. [Adopted 1791.] 

ARTICLE v.- Criminal Proceedings. 
No person shall be held to answer for a caj^ital or otherwise infamous crime, unless 
on a presentment or indictment of a grand jury, except in cases arising in the land or 
naval forces, or in the militia when in actual ser^'ice, in time of war and pubHc danger; nor 
shall any person be subject, for the same offence, to be t^^-ice put in jeopardy of Ufe or 
limb; nor shall be com^Delledj in any criminal case, to be a witness against himself; nor 
be deprived of life, hberty or property without due process of law; nor shall private 
proiDerty be taken for public use without just compensation. [Adopted 1791. ] 

ARTICLE YI. — Rights of Accused Persons. 
In all criminal prosecutions, the accused shall enjoy the right to a sjDeedy and public 
trial by an imiDartial jury of the State and district wherein the crime shall have been 
committed, which district shall have been ijreviously ascertained by law; and to be informed 
of the nature and cause of the accusation; to be confronted ^ith the witnesses against him; 
to have compulsory process for obtaining witnesses in his favor; and to have the assistance 
of counsel for his defence. [Adoj^ted 1791.] 

ARTICLE ^TI.- Jury Trial in Ci^tx Cases. 
In suits at common law, where the value in controversy shall exceed twenty dollars, 
the right of trial by jury shall be preserved; and no fact tried by a jury shall be other- 
wise re-examined in any court of the United States than according to the rules of 
common law. [Adopted 1791.] 

I. The Right to Beak Arms. The main principle upon which the 
government of absolute monarchies is based is that of ruling by fear. This 
makes the keeping of large standing armies a necessity, and often, too, the dis- • 
arming of the people. There is always the danger of a standing army in any 
country usurping the rights of the people, by being made the instrument of 



196 00VERN3IENT UnDER THE CONSTITUTION. . 

ambitious men. Altliougli the Constitution itself provides in various ways 
against such possibility, the second amendment was thought advisable in order 
to prevent any danger of an tcnarmecl people being overborne by armed forces. 

At the present time, if riots and insurrections should arise, our standing army, 
being mostly located in the far West, would not be available, and an unarmed 
2)eople would then be helpless. 

But it is generally held that the secret carrying of arms may be prohibited, as 
endangering the lives of citizens. 

II. Quartering Soldiers, a favorite method of tyranny, for compelling 
the submission of subjects unfriendly to the government, is to quarter soldiers 
upon them, to be fed at their expense. England tried this upon the rebellious 
colonists. It is a cruel method of oppression, for the soldiers of a standing 
army are usually from the rude and unprincipled elements of society, and are 
insolent and overbearing in behavior; while the actual expense of quartering them 
is, in many cases, a heavy burden. 

Our government cannot oppress its subjects in this way, in time of peace; and 
in time of war, when it is necessary, troops can be quartered in private houses 
only in such manner as Congress shall prescribe. In these latter instances, 
probably none would consider it an act of tyranny, but only a just means of 
protecting the country. 

III. Searches and Seizures, in this country, the well-established 
principle of English law that every man's house is his castle is thoroughly incor- 
porated into the government. The poorest cottage in the land may close its 
doors against the governor of the State, or the President of the United States, 
or the whole armed forces of the Nation, unless legally authorized to enter. 

Previous to the American Revolution the officers of the English government 
could enter any house, by day or night, seize any papers or letters, and take into 
custody any persons. Many times, in the early history of England, blank search 
warrants were granted to officials, who, by filling them out at pleasure, were 
authorized to search any house. The famous Writs of Assistance were search 
warrants, and the people of the United States did not desire further experience 
of such oppression. 

The fourth amendment provides against such tyranny, by stating under what 
conditions searches and seizures may be made: 

1. The complaining party must make oath or affirmation that a crime has been 
committed, and that there are good reasons to suspect that the persons or things 
to be seized are concealed in some particular place. Thus a person cannot make 
false and malicious accusations against others, without laying himself liable to 
indictment and conviction of perjury. 

2. A warrant must be issued by proper judicial authority, authorizing the 
search and seizure. 

3. The warrant must particularly describe the place to be searched, and the 
persons or things to be seized. 

This provision protects the liberty and property of the citizen against mere 



Amendments to the Constitution. 197 

suspicion and malicious accusation; but, of course, it does not prevent a police 
officer from forcing entrance into a house and making arrests without a warrant, 
when it is known that a crime is being committed, or in other exceptional cases. 
But in those instances the arrested person must be taken at once before the 
proper authorities; and the officer must prove that his action was necessary for 
the public good. 

IT. Indictment by Grand Jury. It has already been explained that 
the purpose of a grand jury is to protect innocent persons against unjust perse- 
cutions. The people wanted to make sure of this protection, and the fifth 
amendment secures it to them. 

In time of war an entirely different method of trial and punishment is needed, 
and in governing the army and navy at all times, than is required for the protec- 
tion of citizens in times of peace. Therefore these cases were excepted. 

T. Twice in Jeopardy, if a person is once tried for a crime, whether 
found guilty or not guilty by the verdict, he cannot again be tried for the same 
offence. This means if the accused himself does not apply for a new trial, which 
he may do in case an error of law has been committed; but this trial is given for 
his own benefit, and is not putting him in jeopardy a second time. 

If the jury disagree, a second trial may be had on the same indictment; but 
this is only a continuation of the first trial. 

This provision is to prevent the government, as a means of persecution, from 
bringing persons to trial again and again for the same offence, which has often 
been done in the past by many governments. 

TI. Accused Persons not Required to Testify, a person charged 

with crime is placed in such a serious position that, wiiether innocent or guilty, 
in many cases his mind is incapable of giving clear and correct evidence. 

In earlier times the most atrocious measures were taken to extort a confession 
of guilt from accused persons. They were subjected to the rack, burned with 
hot irons, starved, given no drink, or frightened by the threats of infamous 
judges. Often innocent persons were by such means driven to confess themselves 
guilty, in order to end their sufferings. 

But by our Constitution and the State constitutions no man can be compelled 
to testify against himself, and cannot, therefore, even be frightened into false 
statements. 

TII. Life, Liberty and Property. Neither can any one be deprived 
of life, liberty or property, except by due process of law. This means that no 
citizen shall be deprived of any of his rights and privileges, unless, in a trial 
begun and conducted according to the course of the common law, a verdict shall 
be rendered against him. 

Till. Private Property. The public good is of greater importance 
than private interests. Although it is the duty of the government to protect 
the property of the citizen to the utmost, and secure to him its peaceful posses- 



198 G0VERN3IENT UkDER THE CONSTITUTION. 

sion, yet when the public welfare demands the use of such property, it is the 
undoubted right of the government to appropriate it. Otherwise individuals 
would be able to thwart the interests of the whole JSTation. 

But the government is forbidden to take private property without making just 
compensation. If the owner and the officers purchasing cannot agi'ee on the 
amount of compensation, then the matter is submitted to impartial judges. 

We have already seen how our government exercises this right of eminent 
domain. 

IX. A Speedy and Public Trial. Another favorite method used by 
despotic rulers to persecute obnoxious persons is to delay trial for a great length 
of time, in order to subdue their will by long imprisonment. 

In this country such delays may cause difficulty in obtaining witnesses; and, 
if the person is unable to procure bail, will also subject him to unjust imprison- 
ment. For these reasons the Constitution promises persons accused of crime a 
speedy trial. 

Secret trials are another means of gratifying the desires of tyrants, by bringing 
the objects of their dislike within the reach of cruel punishments. Public trials, 
because open to the criticism of the community, insure fairness. The sixth 
amendment also secures this privilege to the accused. 

X. An Impartial Jury. The jury must be selected from the State in 
which the crime is committed; and, if the State is divided into judicial districts, 
it must be from that particular district. In order to secure an impartial jury, 
either party in a suit may object to certain persons serving as jurors, on the 
ground that they are preji^liced or incompetent to serve. It is thought that a 
jury selected from the locality in which the accused person is known is more 
certain to give a fair and impartial decision. 

The right of trial at home among friends, where witnesses may be easily 
obtained, is also considered an important privilege. 

XI. Accusation and Witnesses against the Accused, it is the 

practice even now in certain countries to imprison persons for alleged crimes, 
and bring them to trial, without giving them any information of the charges 
against them,' or of their accusers. The sixth amendment provides that every 
person charged with crime shall be informed of the charges against him, and be 
brought face to face with the witnesses for the prosecution. 

XII. Witnesses and Counsel for the Accused, it is the policy of 

our government to allow an accused person the privilege of making as full and 
complete a defence for himself as lies in his power. The amendment under 
discussion provides that, if the accused is not able to procure the attendance of 
witnesses in his favor, the court must compel them to attend and testify; and, if 
he is unable to employ counsel, the government must do so at its own expense. 
It was long the practice, both in England and France, to deny persons charged 
with grave offences the privilege of witnesses in their favor; and it was not until 



Amendments to the Constitution. 



199 



1836 that persons in England were allowed the assistance of counsel, except in 
ii few cases. 



XIII. Trial by Jury in Civil Cases. The trial by jury in criminal 
cases was considered of such importance that it was inserted in the body of the 
Constitution. But, when the people saw that this jealously-guarded right was 
not secured to them in civil cases, they insisted that amendment to that effect be 
made. The seventh amendment provides for its use in United States courts, in 
all suits where the value in controversy exceeds twenty dollars. 

This amendment farther declares that a question once decided by a jury cannot 
again be examined, except by another jury, on a new trial. By the rules of the 
common law, when a case was appealed to a higher court, this court had nothing 
to do with the decision of the jury in matters of fact, but had simply to decide 
whether an error of law had been committed. The clause giving the Supreme 
Court appellate jurisdiction, both as to law and fact, gave rise to fears that this 
court might have power to overthrow the verdict of a jury. If appellate courts 
had this power, trial by jury would be a mere form; therefore the amendment 
was added. 



1. Why do some governments forbid 
their subjects to bear arms ? 

2. Why are large standing armies al- 
ways dangerous ? 

3. Why are our jDeople allowed to bear 
arms? 

4. What is said of secret arms ? 

5. Why are soldiers quartered upon pri- 
vate citizens by certain governments ? 

6. What is the law concerning this 
matter in our country ? 

7. What rights have our people as to 
"their own houses ? 

8. What were the former laws of Eng- 
land in this matter ? 

9. How may searches and seizures be 
made here ? 

10. What is the extent of the meaeing 
of this provision ? 

11. What is said as to indictment by the 
grand jury ? 

12. What are the rules as to a second 
trial ? 

13. Why was this provision made ? 

14. Why should not an accused i^erson 
testify? 

15. What were the practices in earher 
times ? 



16. What is the Constitutional law con- 
cerning this matter ? 

17. What is the law as to depriving a 
13erson of hf e, liberty or property ? 

18. Why should private property be 
taken for iDubhc use ? 

19. Under what condition may our gov- 
ernment exercise the right of eminent do- 
main ? 

20. Why was provision made for speedy 
and public trials ? 

21. What is said concerning an impartial 

jury ? 

22. What information must be given an 
accused person ? 

23. What is the pohcy of our government 
as to accused j^ersons ? 

24. What farther privileges are allowed 
him? 

25. What is the first provision of the 
seventh amendment, and why made ? 

26. What is the second provision of the 
amendment ? 

27. What was the rule of the common 
law in this matter ? 

28. Why did the people desire the latter 
provision of this amendment ? 



Government Under the Constitution. 



KoRTY^FiFXH Lesson, 



AIVIKNDIVIKNTS XO THH; CONSTITTLnriON. 

AKTICLE YIII.— ExcEssrv'E Punishments. 
Excessive bail shall not be required, nor excessive lin6s imposed, nor cruel and unusual 
punishment inflicted. [Adopted 1791.] 

ARTICLE IX. — Rights Retained by the People. 
The enumeration in the Constitution of certain rights shall not be construed to deny or 
disparage others retained by the iDeople. [Adopted 1791.] 

ARTICLE X. — Powers Reserved to States. 
The powers not delegated to the United States by the Constitution, nor prohibited by 
it to the States, are reserved to the States respectively, or to the peoj)le. [Adopted 1791.1 

ARTICLE XI.— Suits Against States. 
The judicial power of the United States shall not be construed to extend to any suit in 
law or equity, commenced or prosecuted against one of the United States by citizens of 
another State, or by citizens or subjects of any foreign State. [Adopted 1798.] 

ARTICLE XIL— (Given on page 147.) 

ARTICLE XIII.— Abolition of Slavery. 

1. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof 
the party shall have been duly convicted, shall exist within the United States or any place 
subject to their jurisdiction. 

2. Congress shall have iDower to enforce this article by appropriate legislation^ 
[Adopted 1865.] 

ARTICLE XIV; Section \.— Civil Rights, 
All persons born or naturahzed in the United States, and subject to the jurisdiction 
thereof, are citizens of the United States and of the State wherein they reside. No State 
shall make or enforce any law which shall abridge the privileges or immunities of citizens, 
of the United States; nor shall any State deprive any person of life, liberty or property 
without due process of law, nor deny to any person within its jurisdiction the equal pro- 
tection of the laws. 

Section 2. — Apportiomnent of Representatives. 
Representatives shall be apportioned among the several States according to their respec- 
tive numbers, counting the whole number of persons in each State, excluding Indians not 
taxed. But when the right to vote at any election for the choice of Electors for President 
and Vice-President of the United States, Representatives in Congress, the executive and 
judicial officers of a State, or the members of the Legislature thereof, is denied to any of 
the male inhabitants of such State, being twenty-one years of age, and citizens of the 
United States, or in any way abridged, except for participation in rebellion or other 
crime, the basis of representation therein shall be reduced in the proportion which the 
number of such male citizens shaU bear to the whole number of male citizens twenty-one 
years of age in such State. 



AMEND3IENTS TO THE CONSTITUTION. 201 

Section 3. — Political Disabilities. 
No person shall be a Senator or Representative in Congress, or Elector of President and 
Vice-President, or hold any office, civil or military, under the United States, or under any 
State, who, having previously taken an oath, as a member of Congress, or as an officer of 
the United States, or as a member of any State Legislature, or as an executive or judicial 
officer of any State, to support the Constitution of the United States, shall have engaged in 
insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. 
But CongTcss may, by a vote of two-thirds of each house, remove such disability. 

Section 4. — Public Debt. 
The validity of the public debt of the United States, authorized by law, including debts 
incurred for payment of pensions and bounties for services in suppressing insurrection or 
rebellion, shall not be questioned. But neither the United States nor any State shall 
assume or pay any debt or obligation incurred in aid of insurrection or rebellion against 
the United States, or any claim for loss or emancipation of any slave; but all such debts, 
obligations and claims shall be held illegal and void. 

Section 5. — Power of Congress. 
The Congress shall have power to enforce, by appropriate legislation, the provisions of 
this article. [ Adopted 1868. ] 

AETICLE XV.— Right of Stiffbage. 

1. The right of citizens of the United States to vote shall not be denied or abridged by 
the United States, or by any State, on account of race, color, or x^revious condition of 
servitude. 

2. The Congress shall have power to enforce this article by appropriate legislation. 
[ Adopted 1870. ] 

I. Excessive Bail. The law presumes all men innocent until they are 
proven guilty. Imprisoning persons before this proof has been made seems to 
be acting in contradiction of the theory. But this is necessary in order to pro- 
tect society; and to do away with the injustice that may result, as far as possible, 
the giving of bail is allowed. But the amount of bail may easily be fixed so 
high as to make it impossible for the accused to obtain such security. Kings 
have used this means for committing innocent persons to prison and keeping 
them there for long periods of time. The United States courts are prevented 
from doing this by the eighth amendment. 

When the crime is one punishable by death or life-long imprisonment, bail is 
not usually allowed; but in such cases, where the proof of guilt is slight, it is 
sometimes done. 

• II. Excessive Fines and Cruel Punishments. The history of many 

nations is blotted with the records of the terrible punishments inflicted on con- 
demned persons. The tyrants of the dark ages, and the judges who were their 
instruments, resorted to every kind of punishment that could be devised; enor- 
mous fines were imposed for slight offences, and families reduced to poverty; 
machines of the most inhuman torture were invented and used; and the measure 
of the despot's delight seemed to be in proportion to the suffering of his victims. 
The people made sure, by the eighth amendment, that there should be noth- 
ing of this kind in the United States courts of justice. 



Government Under the Constitution. 

III. Rights of the People. There were some who feared that, because 
certain rights of the people were enumerated in the Constitution, those not 
mentioned might be considered as denied the people, or given over to the Gen- 
eral Government. To prevent such misconstruction the ninth amendment was 
added. 

IT. Powers Reserved to the States. The constant fear felt by 

many that the National Government would assume powers which had not been 
given it, and which rightfully belonged to the States, led the people to demand 
the additional safeguard of the tenth amendment. 

T. Suits Against States. After the adoption of the Constitution, many 
private individuals brought suits against certain States to enforce the payment 
of bills of credit, which those States had issued and failed to redeem. The 
Supreme Court decided that this could be done under the judicial clause, which 
gives the United States courts jurisdiction in cases between a State and citizens 
of another State, and in cases between a State and the citizens or subjects of a 
foreign state. The people were greatly dissatisfied that a State government 
could be controlled by private persons; for which reason the eleventh amend- 
ment was added, forbidding the United States courts to entertain suits brought 
against a State by citizens of another State, or by citizens or subjects of a foreign 
state. 

As no State court can entertain any suit against another State, and as no State 
government can be sued by its own citizens, it is impossible for any private 
person to sue a State. 

This has proved an unfortunate provision, for several of the States have repu- 
diated their debts, because the private individuals who held their bonds could 
not compel payment. 

YI. Cause of the CiYIL War. The differences in regard to the question 
of slavery, which had disturbed the deliberations of the Constitutional Conven- 
tion, as time passed, continued to increase in strength. Congress was repeatedly 
stirred by bitter controversies over subjects involving this question. As the 
country grew larger, and the population increased, the subject of African labor 
became a National problem; whether States should be admitted as slave or free 
States, and whether slavery should be extended to the territories, absorbed the 
attention of the Nation. 

In 1820 the Missouri Compromise Bill was passed, which provided that, in 
consideration of the admission of Missouri as a slave State, slavery should for- 
ever be prohibited in all the remaining territories north of latitude 36| degrees, 
which was the southern boundary of that State. 

In 1854 the Kansas-Nebraska bill passed, which organized these two territories, 
and repealed the prohibition contained in the Missouri Compromise Bill. As 
soon as this bill took effect, two unfriendly populations began to pour into 
Kansas, those from the North being determined to make it a free State, those 
■from the South being equally determined the other way. Congress and the 



A3IENDMENTS TO THE CONSTITUTION. W3 

whole people besides were drawn into the bitter controyersy, which only subsided 
when Kansas was admitted as a free State in 1861. 

In 1860 the Republican party, which was the one opposed to farther extension 
of slavery, succeeded in electing their candidate for President, Abraham Lincoln. 
Then the troubles which had stirred the country so many years assumed alarming 
proportions; the Southern States began to withdraw themselves from the Union 
and attempt the formation of a Southern Confederacy. This brought the coun- 
try face to face with a problem requiring immediate solution, whether the States 
were supreme over the Nation, or the Nation over the States; whether we were 
merely a league of independent governments, from which any State could with- 
draw at pleasure, or whether we were one Nation. It took four years of war to 
settle this question; but it was then decisively settled. 

Thus, although the question of slavery gave rise to the troubles which precipi- 
tated the Civil War, the real question over which this war was fought was that of 
the supremacy of the National Government. 

Til. KesULT of the Civil War. The thirteenth, fourteenth and 
fifteenth amendments are the result of the Civil War, and finally dispose of all 
matters relating to slavery in this country. They are alike binding on the States 
and the Nation. 

1. Abolition of Slavery. — At the beginning of the war it was not the pur- 
pose of the government to interfere with slavery in tliose States where it already 
existed. President Lincoln, in his inaugural address, had declared that he had 
no such intention, nor believed that he held the right to do so. But it soon 
became apparent that the Nation could not exist half slave and half free; and, 
on the first day of January, 1863, President Lincoln issued his Emancij^ation 
Proclamation. Whether this legally freed the slaves or not is a matter of no 
importance, for in 1865 the adoption of the thirteenth amendment accomplished 
their freedom beyond question. 

2. Civil Rights. — Although the Negro was no longer a slave, he did not 
possess the civil rights of citizens of this country. The States might deny him 
the privilege of buying and selling and holding property, of engaging in trade, 
and similar privileges; and so the first clause of the fourteenth amendment 
made him a citizen of the United States, with all the civil rights of others. 
This gave more than 4,000,000 additional citizens to the United States. 

3. Apportionment of Representatives. — These new citizens must be 
represented in the lower house of Congress. But it was feared that some States 
might not give the Negi*o the right to vote, and he would thus not be represented 
directly, while the white population of these States would increase their repre- 
sentation accordingly. For this reason the second clause of this amendment 
provides that, if any State denies the right of suffrage to any of its members 
who are male citizens of the United States, twenty-one years of age, its repre- 
sentation in the House shall be decreased in the same proportion. 

4. Political Disabilities. — The third clause of this amendment denies the 
privilege of holding office to all such as, having once taken the oath to sup])ort 



wu 



Government Under the Constitution. 



the Constitution, have afterward broken it by aiding in rebellion against the 
United States. But it also gives Congress the power to remove such disability,, 
and this has been done in all but a few exceptional cases. 

5. National Debt. — The fourth clause provides against any attempt to- 
repudiate the National debt; and forbids the payment of debts incurred in rebel- 
lion against the United States, or of claims for loss or emancipation of slaves. 
The heavy debts incurred by the Southern States in the Civil War were thus 
made void. 

6. Right of Suffrage. — Previous to 1870 the States had had full power in 
regulating the qualifications of their voters. In that year the fifteenth amend- 
ment was adopted, which placed the one restriction upon their power. Neither 
they nor the United States can refuse the right of franchise to any person 
because he is black, or has been a slave, or belongs to any particular race. By 
this provision the last step was taken which made the black man the political 
equal of his white fellow-man. 



Lksbon Rbvikw^. 



1. What does the law presume as to the 
guilt or innocence of persons ? 

2. What apparent contradiction to this 
is there in practice ? 

3. How is the injustice done away with 
in great measure ? 

4. Why are the Federal courts forbid- 
den to require excessive bail ? 

5. In what cases is bail not usually 
allowed ? 

6. Why was the eighth amendment 
added ? 

7. What is the purjjose of the ninth 
amendment ? 

8. Of the tenth amendment ? 

9. What suits were brought against 
States ? 

10. What decision of the Supreme Court 
had reference to such suits ? 

11. How did the joeople receive this de- 
cision ? 

12. What amendment was then made? 

13. What has been its result ? 



14. What great question for years occu- 
2:)ied the attention of the country ? 

15. What was the Missouri Com^Dromise- 
Bill? 

16. The Kansas-Nebraska Bill ? 

17. What trouble arose in Kansas? 

18. What brought the slavery question 
to a crisis ? 

19. What problem then demanded solu- 
tion? 

20. How was it solved ? 

21. What amendments were added after 
the Civil War ? 

22. Why and how was slavery abolished? 

23. What was the next step in the eleva- 
tion of the Negro ? 

24. What is said of the apportionment of 
Representatives ? 

25. Of political disabilities ? 

26. What debts were the people forbid- 
den to pay ? 

27. How and when was the NegTo given 
the right of suffrage? 



Appendix, 



DkcIvArattion ok Indkpkndkncb. 



IN CONGKESS, JULY 4, 1776. 



The Unanimous Declakation of the Thirteen United States of Ameeica. 

When, in the course of human events, it becomes necessary for one jDeople to dissolve 
the political bands which have connected them with another, and to assume, among the 
powers of the earth, the separate and equal station to which the laws of nature and of 
nature's God entitle them, a decent respect to the opinions of mankind requires that 
they should declare the causes which impel them to the separation. 

We hold these truths to be self-evident, that all men are created equal, that they are 
endowed by their Creator with certain unaUenable rights, that among these are life, liberty, 
a,nd the pursuit of happiness. That, to secure these rights, governments are instituted 
among men, deriving their just powers from the consent of the governed; that, whenever 
any form of government becomes destructive of these ends, it is the right of the people 
to alter or to abolish it, and to institute a new government; laying its foundations on such 
principles, and organizing its powers in such form as to them shall seem most likely to 
effect their safety and happiness. Prudence, indeed, Avill dictate that governments long 
established should not be changed for Hght and transient causes; and accordingly all 
experience hath shown that mankind are more disposed to suffer, while evils are sufferable, 
than to right themselves by abohshing the forms to which they are accustomed. But 
when a long train of abuses and usurpations, i^ursuing invariably the same object, evinces 
a design to reduce them under absolute despotism, it is their right, it is their duty, to 
throw off such government, and to pro\4de new guards for their future security. Such 
nas been the patient sufferance of these colonies, and sue"* is now the necessity which 
constrains them to alter their former systems of government. The history of the present 
king of Great Britian is a history of repeated injuries and usurpations, all having in direct 
object the establishment of an absolute tyranny over these States. To prove this, let facts 
be submitted to a candid world : 

He has refused his assent to laws the most wholesome and necessary for the public 
good. 

He has forbidden his governors to pass laws of immediate and pressing importance, 
unless suspended in their operation till his assent should be obtained; and, when so sus- 
pended, he has utterly neglected to attend to them. 

He has refused to pass other laws for the accommodation of large districts of people, 
unless those x)eople would relinquish the right of representation in the legislature, a right 
inestimable to them, and formidable to tyrants only. 

He has called together legislative bodies at places unusual, uncomfortable and distant 
from the depository of their public records, for the sole purpose of fatiguing them into 
compliance with his measures. 

205 



206 Appendix. 

He has dissolved representative houses repeatedly, for opposing with manly firmness, 
his invasions on the rights of the people. 

He has refused for a long time, after such dissolutions, to cause others to be elected; 
whereby the legislative powers, incapable of annihilation, have returned to the people at 
large for their exercise; the State remaining, in the meantime, exposed to all the dangers 
of invasions from without, and convulsions within. 

He has endeavored to prevent the population of these States; for that purpose obstruct- 
ing the laws for the naturalization of foreigners; refusing to pass others to encourage their 
migrations hither, and raising the conditions of new appropriations of lands. 

He has obstructed the administration of justice, by refusing his assent to laws for estab- 
lishing judiciary powers. 

He has made judges dependent on his will alone, for the tenure of their offices, and the 
amount and payment of their salaries. 

He has erected a multitude of new offices, and sent hither swarms of officers to harass 
our people, and eat out their substance. 

He has kept among us, in times of peace, standing armies, without the consent of our 
legislatures. 

He has ajBfected to render the military indej^endent of and superior to the civil power. 

He has combined with others to subject us to a jurisdiction foreign to our constitution, 
and unacknowledged by our laws; giving his assent to their acts of pretended legislations' 

For quartering large bodies of armed troops among us: 

Eor protecting them, by a mock trial, from punishment for any murders which they 
should commit on the inhabitants of these States: 

For cutting off our trade with all parts of the world ; 

For imposing taxes on us without our consent; 

For depriving us, in many cases, of the benefit of trial by jury; 

For transi^orting us beyond seas to be tried for pretended offences; 

For abolishing the free system of English laws in a neighboring province, establishing 
therein an arbitrary government, and enlarging its boundaries, so as to render it at once 
an example and fit instrument for introducing the same absolute rule into these colonies; 

For taking away our charters, aboUshing our most valuable laws, and altering funda- 
mentally the forms of our governments; 

For suspending our own legislatures, and declaring themselves invested with power to 
legislate for us in all cases whatsoever. 

He has abdicated government here, by declaring us out of his protection, and waging 
war against us. 

He has plundered our seas, ravaged our coasts, burned our toAvns, and destroyed the 
lives of our people. 

He is, at this time, transporting large armies of foreign mercenaries to complete the 
works of death, desolation and tyranny, already begun with circumstances of cruelty and 
perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head 
of a civilized nation. 

He has constrained our fellow-citizens, taken captive "on the high seas, to bear arms 
against their country, to become the executioners of their friends and brethren, or to fall 
themselves by their hands. 

He has excited domestic insurrection among us, and has endeavored to bring on the 
inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is 
an undistinguished destruction of all ages, sexes and conditions. 

In every stage of these oppressions we have petitioned for redress in the most humble 
terms; our repeated petitions have been answered only by repeated injury. A prince 
whose character is thus marked by every act which may define a tyrant, is unfit to be the 
ruler of a free people. 



Declaration of Independence, 207 

Nor have we been ■vranting in our attentions to our British brethren. We have warned 
them, from time to time, of attempts b j their legislature to extend an unwarrantable juris- 
diction over us. We have reminded them of the circumstances of our emigTation and 
settlement here. We have appealed to their native justice and magnanimity, and we have 
conjured them by the ties of our common kindred to disavow these usurpations, w^hich 
would inevitably interrupt our connections and correspondence. They, too, have been 
deaf to the voice of justice and consanguinity. We must, therefore, acquiesce in the 
necessity which denounces our separation, and hold them, as we hold the rest of mankind; 
enemies in war, in jjeace friends. 

We, therefore, the representatives of the United States of America, in general Congress 
assembled, appealing to the Supreme Judge of the world for the rectitude of our inten- 
tions, do, in the name, and by the authority of the good peoj)le of these colonies, solemnly 
pubHsh and declare, that these United Colonies are, and of right ought to be, free and 
independent States; that they are absolved from all allegiance to the British crown, and 
that all political connection between them and the state of Great Britain is, and ought to 
be, totally dissolved; and that as free and independent States, they have full power to levy 
war, conclude j)eace, contract alliances, estabhsh commerce, and do all other acts and 
things which independent States may of right do. And for the suj)port of this declaration, 
with a firm reliance on the protection of Divine Providence, we mutually pledge to each 
other our lives, our fortunes, and our sacred honor. 

JOHN HANCOCK, and fifty-four other signers. 



208 



AFFEiYDIX. 



Prksidknts ok the Unitkd Stattks. 



No. 


President, 


State. 


Term of Office. 


Vice-President. 


1 


George Washington .- 


Virginia 


Two terms; 1789-1797.... 


John Adams. 


3 


John Adams 


Massachusetts . . 


One term; 1797-1801 


Thomas Jefferson. 


3 


Thomas Jefferson 


Virginia 


Two terms; 1801-1809 _. \ 


Aaron Burr. 
George Clinton. 


4 


James Madison 


Virginia 


Two terms; 1809-1817 _. j 


George Clinton. 
Elbridge Gerry. 


5 


James Monroe 


Virginia 


Two terms; 1817-1825 


Dan'l D.Tompkins. 


6 


John Quincy Adams. . 


Massachusetts . _ 


One term; 1825-1829 


John C. Calhoun. 


7 


Andrew Jackson 


Tennessee 


Two terms; 1829-1837 .. | 


John C. Calhoun. 
Martin Van Buren. 


8 


Martin Van Buren 


New York 


One term; 1837-1841 


Rich'd M.Johnson. 


9 


William H. Harrison . _ 


Ohio 


One month ; 1841 


John Tyler. 


10 


John Tyler* 


Virginia 

Tennessee 


3yrs. and 11 mos. ; 1841-1845 
One term; 1845-1849 


11 


James K. Polk. 


George M. Dallas, 


12 


Zachary Taylor 


Louisiana 


1 yr. and 4 mos. ; 1849-1850 


Millard Fillmore. 


13 


Millard Fillmore* .... 


New York 


2 yrs. and 8 mos. ; 1850-1853 




14 


Franklin Pierce 


New Hampshire 


One term; 1853-1857 


William R. King. 


15 


James Buchanan 


Pennsylvania... 


One term; 1857-1861. 


J. C. Breckinridge. 


16 


Abraham Lincoln 


Illinois 


1 term and 1 mo. ; 1861-65 j 


Hannibal Hamlin. 
Andrew Johnson. 




17 


Andrew Johnson* 


Tennessee 


3 yrs. and 11 mos. ; 1865-1869 




18 


Ulysses S. Grant 


Illinois 


Two terms; 1869-1877 _. j 


Schuyler Colfax. 
Henry Wilson. 




19 

20 


Rutherford B.Hayes.. 
James A. Garfield 


Ohio.. 


One term; 1877-1881 

6 months and 15 days; 1881 


Wm. A. Wheeler. 
Chester A. Arthur. 


Ohio 


21 


Chester A. Arthur* ... 


New York 


3yrs.5mos.l5 days; 1881-85 




22 


Grover Cleveland 


New York 


One term; 1885-1889 


Thos. A.Hendricks. 


23 


Benjamin Harrison 


Indiana 


1889 


Levi P. Morton, 





Succeeded to the Presidency on the death of the President. 



INDEX. 



Abolition of slavery _ 203 

Absolute democracy 12 

Absolute despotism 10 

Absolute monarchy 10 

Accused persons, testimony of not re- 
quired 197 

other privileges allowed 198 

Acts, navigation 18 

importation 19 

sugar 19 

stamp _ 19 

mutiny 19 

Adjournment of Congress 116 

Adjutant General .._ 168 

Admiralty, cases of _ __ 179 

Admission of new States 186 

Advantages of State legislation _ 66 

Ad valorem duty 124 

Age of voters 39 

of Representatives 98 

of Senators _ 107 

of President and Vice-President 154 

Agreements, States cannot enter into 146 

Agricultural colleges. _ 86 

Agriculture, department of 173 

Aid of Federal Government in support- 
ing public schools 85 

Aims of the Constitution _._ 94 

Alaska purchase 35 

Aldermen 58 

Alliances, States forbidden to enter into. 144 

Ambassadors 163 

Amendment, of State constitutions 38 

of Federal Constitution. 190 

Ancient courts of justice 71 

Annexation of Texas 34 

Appointment, Governor's power of. 69 

President's power of _ 159 

Apportionment of State legislators 61 

of taxes --. 82 

of Representatives 98 

Appropriations 142 

Arbitration 180 

Archives, of United States. 164 

Aristocracy, derivation'and description.. 11 ' 
14 209 



Army, power to raise and support 135 

government of. 135 

Arrest, of criminals. 79 

freedom of Congressmen from 117 

Articles of Confederation, origin of 25 

ratification of... 26 

leading features of 27 

defects of 28 

result of defects 28 

attempts at reform 29 

good results of 29 

Asylums ._ _ 90 

Assembly, of States 60 

right of _._ 193 

district conventions 46 

Assessment 82 

Assessors, of town 54 

,ii of county _ _ 58 

of city 59 

xlttempted union in 1754 21 

Attendance of State legislators 62 

of National legislators 112 

Attorney- General, of the State 69 

of the Nation 169 

Auditors, of the county 57 

of the city 59 

of the treasury department 165 

Bail, definition and use of. 79 

excessive forbidden 201 

Ballot, definition and use of 49 

Bankruptcy 129 

Basis of representation 98 

Bearing arms, right of 195 

Bills, what they are. 65 

readings of in State legislatures 65 

passage of in State legislatures 65 

revenue 119 

origin and introduction of in Con- 
gress 119 

consideration of by committees 120 

printing, reading, debating and en- 
grossing 120 

proceedings of Senate in regard to._ 121 
enrolling, signing, veto of, and pass- 
age over veto .- 121 



MO 



Index. 



Bills of attainder, Congress cannot pass. 140 

States cannot pass 145 

of credit, States cannot emit. . 144 

of pains and penalties 140 

of rights, declared in Colonial Con- 
gresses ._ 22 

first ten amendments of Federal Con- 
stitution 191 

Body politic. 7 

Borough 58 

Borrowing money, power of Congress 

over 125 

Boston Massacre 19 

port bill 20 

Bureau of education 88 

of statistics 166 

Cabinet 162 

California, purcliase of 35 

Calling of conventions 43 

Canals 91 

Canvassing votes 49 

Capitol at Washington 96 

Captures on land and water, control over 135 

Cases at law, kinds of .-. 76 

arising under the Constitution, laws 

and treaties 178 

affecting ministers and consuls 179 

of admiralty and maratime jurisdic- 
tion 1 79 

in which the United States is a party 179 
affecting different States or their 

citizens 179 

Casting vote, of Lieutenant-Governor... 66 

of Vice-President 108 

Caucuses, calling of 43 

work of 44 

Cause of the Civil War 202 

Causes of the Revolution __ 17 

Ceded districts 136 

Census, State ,. - 61 

United States, when taken 99 

office 172 

Challenging votes 49 

Chaplain, of House of Representatives-. 103 

of Senate 108 

Character of George HI 18 

of State Legislatures. . 60 

Charge D'Affaire 163^ 

Charitable institutions 90 

Charter, royal 16 

government described 16 

Circuit courts, of the States 76 

of United States, description of 175 



Circuit Courts, jurisdiction of 180** 

Citizenship, of voters. 3^ 

of Representatives 98' 

of Senators 107 

of President and Vice-President 153 

City, incorporation of 58- 

officers of 58 

Civil, definition of 7 

cases, defined 76' 

proceedings in 78 

trial by jury secured in 199=' 

Civil government, definition of 7 

Civil rights of Negro . 203- 

Civil Service Commission 159 

Civil War, cause of..... 203 

result of 203 

Classes of Senators 107 

Clearance, defined 126 

prohibition concerning 141 

Clerk, of township 53- 

of county 56- 

of State Legislatures 64 

of House of Representatives 103 

Close of Revolution 28- 

Coinage of money, power of Congress 

over 129 

States forbidden to do 144 

Collection of taxes. State 83 

National 124 

Collector of customs 124 

Collectors of taxes, of town 54 

of county 58 

of city 59 

Colonial government, settlement of Amer- 
ica 1 5» 

forms of 16- 

provincial or royal 16 

proprietary 16 

charter 16 

supremacy of English government. 17 

Colonists, character of 18 

Color, not a qualification of voters 40 

Commander-in-chief of military forces.. 157 

Commerce, regulated by Congress 125 

Commissary General 168- 

Commissioner of Customs 165 

of Internal Revenue 165 

• of patents 172 

of pensions 172 

Commissioners, of county 56 

of schools . 87 

Commissions .,. 161 

Committees, of State Legislatures 65- 



Index. 



211 



Committees, of scliools 88 

work of in Congress 120 

of Congress 112 

conference 122 

Common council . 58 

Compacts, States cannot enter into 146 

Comptroller, of the State 69 

of currency. ._ 165 

of the treasury 165 

Compulsory education 88 

• Confederation, Articles of 25 

nature of 27 

good results of ^9 

Confederations, States forbidden to en- 
ter into 144 

Conference committees 122 

•Congress, of 1754 21 

of 1765 ---- 22 

first continental 22 

second continental 22 

in general .- 95 

House of Representatives 97 

Senate 105 

sessions of 110 

membership of 111 

quorum 111 

rules of procedure 112 

adjournment 116 

salary of members 116 

how laws are made 119 

powers of (see Poicers of Congress) 
when convened and adjourned by 

President ._.. ._ 160 

Congressional districts 100 

Congressional district convention 45 

Congressional record __ 115 

Congressman-at large 100 

Constables 54, 59 

Constitution, steps to formation of Na- 
tional 29 

formation of 30 

why called federal 31 

ratification of 31 

of England 37 

of States 37 

how Federal Constitution is amended 190 

Constitutional convention, nature of 30 

Consular courts 176 

Consular service 164 

Consuls, by whom appointed 159 

cases at law affecting . _ . 179 

Continental Congress, the first 22 

the second. 22 



Continental Congress, character of second 24 

Convention, Virginia and Maryland 29 

Annapolis _ 30 

Constitutional 30 

Conventions calling of nominating 43 

work of- _ 44 

other nominating conventions 46 

Copyrights 131 

Coroners 57 

Corporations, definition and kinds of 52 

Corruption of nominations and elections. 50 

Council, town 53 

city 58 

village . 59 

advisory body to Governor 69 

Counsel for accused persons 198 

Counterfeiting 130 

Counting votes 49 

County, subdivision of State 38 

origin of 56 

oflScers of _ . 56 

County clerk 56 

County commissioners, duties of 56 

County nominating conventions, calling 

of 43 

work of 44 

County-seat 56 

Court of Claims 175 

of the District of Columbia 176 

Courts, ancient . 71 

of States 76 

for the trial of impeachments 77 

of sessions 77 

of oyer and terminer 77 

county or common pleas . _ 77 

of chancery or of equity 77 

of appeals 77 

Federal 174 

Courts-martial 168,176 

Crimes, trial of by jury 180 

Criminals, cannot vote 40 

fugitive 184 

Cruel punishments forbidden 201 

Customs, defined 124 

collection of 124 

Daily sessions of Congress 111 

Debts, State 91- 

Declaration of Independence, outline of 25 

given in full 205 

Defects of Articles of Confederation 28 

Department of Agriculture 173 

of Justice -. 169 

of State, diplomatic service. 163 



Index. 



Department of State, consular service _ 164 

passports 164 

archives and seal of United States ._ 164 

Department of the Interior 171 

of the Navy 171 

of the Treasury 165 

of War 168 

Departments of government, their distri- 
bution and intermingling 9 

Democracy, derivation and definition of 12 

pure or absolute 13 

representative __ 12 

Despot, defined.- _ __ 10 

Despotism, definition and examples of_. 10 

Diplomatic service 163 

Director of the mint 165 

Direct taxes, kinds of 81 

how apportioned 99 

referred to in Constitution 124 

additional reference 141 

Disabilities, political 203 

Disorderly behavior of Congressmen, 

punished .._ _ 113 

District attorney. 57 

District courts, description of 175 

jurisdiction of. 180 

District of Columbia 136 

Districts, subdivisions of States 38 

congressional. _.. 100 

Division of government, by State consti- 
tutions 38 

Doorkeepers, of State Legislatures 64 

of House of Representatives 103 

of Senate 108 

Duties, defined 82 

kinds of _ 124 

as regulating commerce _.. 125 

export, forbidden 141 

inspection 145 

tonnage 146 

Education, its importance 85 

support of public schools 85 

public schools of the State _ _ 86 

Federal Government schools 87 

endowed institutions of learning 87 

school oflScers 87 

examiners 87 

the school board 88 

bureau of 88 

compulsory 88 

religion in the schools 88 

Election, of Governor... 68 

of Senators and Representatives . . . 110 



Election of President and Vice-President, 149" 

Elections, preliminary proceedings 48 

registration __ 48 

when and where held 48 

the ballot 49- 

inspectors of 49 

process of... 49' 

challenging and canvassing votes ._ 4^ 

number of votes necessary for 50- 

Elective franchise ._ 39 

monarchy 11 

Electoral college 149* 

commission 151 

Electoral ticket, how nominated 1 45 

Electors or voters, defined _ 38- 

qualifications of. 39 

presidential 149' 

Eminent domain, right of 91 

why exercised 198- 

Enemy to Union 21 

Engineers of fire departments 59' 

Engrossing bills 120* 

Enrolling bills 121 

Entry, definition of _ 12^> 

prohibition concerning 131 

Envoys extraordinary 163- 

Equity cases 178- 

Excessive bail , forbidden 201 

Excessive fines, forbidden 201 

Excise commissioners 55- 

Excises 124 

Execution 79^ 

Executive Department, of State 68- 

of Nation.. 147 

Executive power, defined _. 9' 

vested in one person _ 148 

Exemptions 82- 

Export duties, forbidden _ 141 

Ex post facto law, Congress cannot make 140' 

States cannot make .- 145- 

Federal charitable institutions 90- 

Constitution, why so called 31 

convention, nature of _ 30- 

government, why so called 31 

government schools 87 

judges -- 176 

Felonies, on the high seas 133 

Fence- viewers 54 

Filibustering 116- 

Fines, excessive, forbidden 201 

First Continental Congress 22; 

First Union of Colonies 21 

Floridas, the purchase of 34 



Index, 



213 



Formation of Federal Constitution 29 

of State Constitutions 37 

Forms of Colonial government 16 

of government _ _ 10 

Franchise, elective. 39 

Free delivery of mails _ 171 

Freedom from arrest, of members of 

Congress 117 

Freedom of speech, of members of Con- 
gress 117 

in general _--- 192 

Freedom of the press 192 

Fugitive criminals ._ 184 

slaves 185 

Game constable 55 

General Assembly 60 

Geological survey 172 

Gifts /.. -.-. 142 

Good results of Confederation.. _ 29 

Government, illustration and definition 

of 7 

origin, necessity and object of 8 

departments of _ 9 

powers of 9 

forms of 10 

Governor, qualifications of 68 

election and term of office 68 

powers 68 

Graded schools _ _._ 86 

Grammar schools 86 

Grand jury, description and work of _._ 73 
indictment by, secured by amend- 
ment 197 

Growth of public opinion, a cause of 

Eevolutionary War 18 

Habeas corpus, writ of 74 

suspension of, forbidden 140 

Hereditary monarchy 11 

High schools 86 

High seas 133 

Highways _ 91 

Homestead Act _._ 172 

House of Representatives, National, its 

character 97 

term of members 97 

qualifications and apportionment of 

members 98 

vacancies in 102 

officers of 102 

power of impeachment _ 104 

sessions of __ 110 

membership of 111 

quorum Ill 



House of Representatives, rules of pro- 
cedure 112 

committees 112 

length of speeches . 113 

journal 115 

recording yeas and nays. _ 116 

adjournment _ 116 

passage of laws 119 

election of President by_. 150 

House of Representatives, State 60 

Hydrographic oflBce 171 

Idiots, cannot vote 40 

Illustration of government 7 

Immediate causes of the Revolution 18 

Impartial jury, promised, 198 

Impeachment, by State Legislatures 77 

by National House of Representa- 
tives .__ 104 

trial of, by Senate 108 

removal of oflBcers by 161 

Implied powers of Congress 137 

Importation Act. 19 

Independence, first movement in favor of 25 

Rhode Island's action 25 

Virginia's action 25 

Declaration of 25 

Indian Territory. . _ 185 

Indians, schools for 87 

commerce with _ 126 

affairs, bureau of 172 

Indictment by grand jury, how made . . 73 
right of, secured by amendment . _ _ 197 

when made 79 

Indirect taxes 82, 124 

Influence of France, one cause of Revo- 
lution 17 

Insane asylums 90 

Inspection duties 145 

Inspectors of election, of town 49 

of city 59 

Interior department 171 

Internal revenue 124 

Jefferson, Thomas, author of Declara- 
tion of Independence _. 25 

Jeopardy, twice in, forbidden 197 

Journal, of Houses of Congress ._ 115 

Judge Advocate General 168 

Judgment 79 

Judges, of election 49 

State 78 

Federal 176 

Judicial department of States, ancient 

courts of justice 71 



Index. 



Judicial department of States, juries _ . . 72 

writ of habeas corpus 74 

cases at law ___ 76 

courts _ 76 

j udges 78 

proceedings in civil cases. _ ._ 78 

proceedings in criminal cases 79 

Judicial department of United States, 

courts __ 174 

jurisdiction of courts. 178 

treason 181 

Judicial power, defined 9 

Juries, origin and development of 72 

importance 72 

grand 73 

petit 73 

selection of 73 

duty of service 74 

impartial . _ 198 

trial by, in civil cases 199 

Jurisdiction of Federal courts 178 

Justices' court- 76 

King, definition of 10 

Laws, National, how passed 119 

State, how made 64 

when they take effect 66 

League of the New England Colonies... 21 
Lee, Richard Henry, famous resolution 

offered by .._ 25 

Legal tender defined 130 

State prohibition concerning 145 

Legation 163 

Legislative department of Nation, its 
importance, name, and composi- 
tion 95 

place of meeting 96 

House of Representatives 97 

the Senate 105 

powers of (see Poioers of Congress). 
Legislative department of State, com- 
position and character 60 

qualifications and terms of office of 

members 60 

meetings, attendance, quorum and 

vacancy. 62 

power and public proceedings of 63 

organization and officers 64 

how laws are made 64 

Legislative power defined 9 

Letters of marque and reprisal, power 

concerning 134 

States forbidden to issue 144 

Libel 192 



Liberty, of religion 191 

cannot be deprived of, except by due 

process of law. 197 

Librarian, State. 70 

of the Senate 108 

Lietuenant-Grovernor 69 

Life-saving service.. 166 

Limited monarchy 11 

Lobbying 113 

Louisiana purchase 33 

Lunatics cannot vote 40 

Mail matter, classes of 170 

Majority, meaning of 55 

Maritime jurisdiction _ 179 

Marque.. 134 

Massachusetts Government Bill. 20 

Mayor, of city 58 

of village 59 

Measures, power to fix standard of 130 

other than bills 122 

Mesilla Valley, purchase of 35 

Message, President's 160 

Meteorological bureau 168 

Military academy 168 

Military counts 176 

Militia, discussion of 92 

calling forth 135 

Ministers, by whom appointed. 159 

how received : 160 

classes and duties of 163 

cases affecting 179 

Minority President 151 

Mints... 165 

IMisrule of royal governors 20 

Moderator of town meeting 53 

Mon arch 10 

Monarchy, derivation and definition 10 

absolute 10 

despotism 10 

limited 11 

; hereditary 11 

elective _ 11 

patriarchy 11 

theocracy 11 

Money, power of Congress to borrow. ._ 125 

power of Congress to coin 129 

prohibition upon States 144 

Mutiny act 19 

National banking system 165 

National convention, calling of 48 

work of 45 

National debt 190 

National judiciary, necessity for 174 



Index. 



215 



]Srational law, supremacy of _ 190 

JS^ature, of Confederation 27 

of State constitutions 37 

^Naturalization 128 

Naval academy 171 

Xavigation , laws for safety of 126 

Navigation acts. _ 18 

iSTavy 135 

Navy department 171 

Nays and yeas, recorded in Congress 116 

Necessity of government 8 

Negro, freed 203 

civil rights of 203 

right of suffrage 204 

New States, admission of . _ 186 

Nominations, political parties 42 

definitions. _ 42 

why made 42 

how made 43 

Normal schools 86 

Oath of office required by Constitution. 191 

Object of government 8 

Obligation of contracts 145 

Offences against the law of Nations 134 

Officers, of town 53 

of county 56 

of city 58 

of village _ 59 

of State Legislature 64 

of schools 87 

of House of Representatives. 102 

of the Senate -._ 108 

Oklahoma 186 

Opinions of executive officers. President 

may require 158 

Ordinances 59 

Oregon treaty. 34 

Organization of State Legislatures 64 

Origin of government. 8 

of Articles of Confederation 25 

of State constitutions 37 

of township 52 

of county 56 

of juries 72 

of writ of habeas corpus 74 

Original territory of the United States. . . 33 

Orphans' Courts 77 

Overseers of highways 54 

of the poor 54 

city officers ._ ... 59 

Paper money 165 

Pardons, Governor's power 68 

President's power 158 



Party divisions 123 

Passage of bills, by State Legislatures.. 65 

by Congress 121 

Passports 164 

Patent office 172 

Patents 131 

Patriarchy 11 

Paupers cannot vote 40 

Paymaster General 168 

Pension office 172 

Petition, right of 193 

Petit jury 73 

Piracies 133 

Planks 46 

Platforms 46 

Pleadings 78 

Plurality 50 

Police, courts 77 

officers of city 59 

Pohtical body 7 

disabilities 203 

parties, origin and necessity of 42 

Polling place 48 

Poll list 49 

Polls - 48 

Poll tax 81 

Poor houses 90 

Ports of entry 124 

Postage 170 

Postmaster General 169 

Postmasters _ 170 

Post-office department 169 

Post-offices and post-roads, power of Con- 
gress over 130 

Pound-keepers 54 

Power of State Legislatures 63 

Powers of Congress, taxation .123 

borrowing money 125 

regulating commerce 125 

naturalization 128 

bankruptcy 129 

coinage of money 129 

weights and measures 130 

counterfeiting 130 

post-offices and post-roads. 130 

copyrights and patents 131 

piracies and felonies on the high seas 133 
offences against the law of nations.. 134 

declaring war. 134 

letters of marque and reprisal 134 

captures on land and water 135 

army and navy 135 

militia 135 



Index. 



Powers, of Congress, implied. __ 137 

of government 1 9 

of the Governor 68 

of the President, may require opin- 

opiuions of executive oflBcers 158 

grant reprieves and pardons ..- 158 

make treaties 158 

appoint officers 159 

remove officers 159 

fill vacancies 160 

message of 160 

convene and adjourn Congress 160 

receive foreign ministers 160 

most important duty _ _ _ 161 

grant commissions _ ._ 161 

Powers reserved to the States 202 

Preamble of National Constitution 94 

Pre-emption act__ 172 

Preliminary proceedings to an election. _ 48 

Present extent of United States. __ 35 

Presentment by grand jury 73 

President, of village 59 

of State senate 64 

pro tempore 64 

of United States Senate 108 

Presidential succession 154 

President of the United States, how nom- 
inated 46 

signature to bills. 121 

veto of. 121 

term of office _ 148 

election of 148 

minority 151 

qualification of. 153 

salary of 154 

inauguration of 155 

commander-in-chief 157 

powers of (see Powers of the Presi- 
dent). 

Press, freedom of 192 

Primary, calling of ^ 43 

work of 44 

Primary schools 86 

Printer, of State 70 

of Nation 116 

Prisons _ 91 

Privateers _ 134 

Private property taken by the govern- 

ment_._ ___ 197 

Privileges of citizens 184 

Probate courts 77 

Proceedings, in civil cases 78 

in criminal cases 79 



Prohibitions upon members of Congress 113 
Prohibitions upon the States, concerning 
treaties, alliances, and confedera- 
tions, letters of marque and re- 
prisal, and money 144 

bills of attainder, ex-post-facto laws, 
titles of nobility, obligation of con- 
tracts and duties 145 

war and agreements 146 

Prohibitions upon the United States, 

slave trade 139 

writ of habeas corpus, bills of aittain- 

der and ex-post-facio laws 140 

direct taxes, export duties and pref- 
erence in trade 141 

appropriations, titles of nobility and 

gifts 142 

Property, how persons are deprived of _ 197 

of United States, how governed 185 

tax 81 

Proprietaries 16 

Proprietary government 16 

Provincial government 16 

Public documents, bureau of 173 

Public institutions, charitable 90 

State prisons, highways, canals and 

railroads, and debts 91 

militia .-. 92 

Public lands 171 

Public proceedings of State Legislatures. 63 

of Congress 113 

Public schools... • 86 

Public trial 198 

Punishments, prohibition concerning... 201 

Pure democracy 12 

Qualifications, of voters 39 

of State legislators 60 

of Governors 68 

of United States Representatives 98 

of United States Senators. 107 

of President and Yice-President 153 

Quartering soldiers 196 

Quartermaster General 168 

Quebec act... __ 20 

Quorum, in State Legislatures 62 

in National Legislature 111 

Railroads 91 

Ratification, of articles of Confederation 26 

of Federal Constitution 31 

Ratio of representation 99 

Readings of bills, in State Legislatures _ 65 

in National Legislature 120 

Recorder of county .__ 56 



Index. 



217 



Recording yeas and nays __ 116 

Records of States 183 

Reform, attempts at under Confederation 39 

civil service 160 

schools 90 

Registering vessels 126 

Register, of county 56 

of the treasury 166 

Registration 48 

Regular sessions of Congress 110 

Religion in schools 88 

Religious liberty 191 

test 191 

Remote causes of Revolution 17 

Removal from office 159 

Representation, advantages of 12 

taxation without 19 

basis of 98 

ratio of 99 

Representatives, their term 97 

who may vote for 98 

qualifications of 98 

"apportionment of 98 

each State represented - 100 

titles of 109 

election of -_. — 110 

presence of , required 112 

punished for disorderly behavior 113 

expulsion of 113 

salary of _ 116 

freedom of from arrest. 117 

freedom of speech _ 117 

prohibitions upon _ 118 

apportionment of after abolition of 

slaveiy 203 

Representative democracy 12 

Reprieve, Governor's power of 68 

President's power of - 158 

Reprisals 134 

Republic- -.. 12 

Republican government guaranteed 187 

Requisition __ _ ..- 184 

Residence, qualification of voters 39 

of Representatives 98 

of Senators 108 

of President and Vice-President 154 

Result of Civil War 203 

Return of bills within ten days 121 

Returns of State elections __ _._ 50 

of electoral college 150 

Revenue bills.. 119 

Revision of State constitutions 38 

Revolution 24 



Right, of elective franchise 39 

of suffrage, defined 39 

granted the Negro 204 

Rights of people secured 202 

Roll caU in Congress. 116 

Royal government 16 

Rules of procedure in Congress 112 

Salary, of State legislators 61 

of State executive officers 70 

of members of Congress 116 

of President and Vice-President 154 

of Cabinet officers 162 

of ministers 163 

of Federal judges 176 

School board 88 

Schools, State 86 

Federal 87 

officers of 87 

Sealers of weights and measures _ _ 54 

Seal of United States 164 

Searches and seizures _ _ 196 

Seats, choice of in Congress 112 

Second Continental Congress, when and 

where held 22 

its character 24 

Secretary of State, a State officer 69 

a cabinet officer. ._ 162 

Secretary of agriculture 173 

of the interior 171 

of the navy 171 

of the Senate 108 

of the treasury 165 

of war . 168 

Select council of city 59 

Selection of jurors 73 

Selectmen 53 

Senate, National, character of 105 

vacancies in 107 

officers of. 108 

power of trial of impeachments 108 

sessions of 110 

membership of 111 

quorum 111 

rules of procedure 112 

committees 113 

length of speeches in. 113 

journal of 115 

recording yeas and nays in 116 

adjournment of 116 

passage of laws by 119 

election of President by 151 

Senate, State 60 

Senators, State 70 



218 



Index. 



Senators, National, number of 105 

bow chosen 106 

term of office of 106 

vote of 107 

division into classes 107 

qualifications of 107 

titles of 109 

election of 110 

presence required 112 

punishment for disorderly behavior 113 

expulsion of 113 

salary of 116 

freedom of from arrest 117 

freedom of speech of 117 

prohibition upon 118 

Sergeant-at-arms of House of Represen- 
tatives 103 

of Senate 108 

of State Legislature.- 64 

Sessions of Congress __. 110 

Settlement of America 15 

Sex, qualification of voters 39 

Sheriff 57 

Signal service 168 

Signature of President to bills 121 

Slander 192 

Slaves, fugitive 185 

Slave trade 139 

Slavery, abolition of 203 

Smuggling 125 

Solicitor of the treasury 166 

general 169 

Speaker, in State Legislature 64 

of House of Representatives 102 

Special committees of State Legislatures 65 

Special nominating conventions 46 

Special sessions of Congress 111 

Specific duty 124 

Speech, freedom of in Congress 117 

freedom of in general 192 

Speeches, length of in Congress 113 

Speedy trial promised 198 

Spoils system 160 

Stamp act 19 

State constitutions, nature and origin 37 

how framed 37 

how adopted 38 

how revised and amended 38 

division of government by 38 

State subdivisions 38 

nominating conventions. 43 

senatorial conventions 46 

legislatures 66 



State printer _ • 70 

librarian 70 

superintendent of public instruction 87 

courts. 76 

debts 91 

prisons 91 

Steps to union 21 

to revolution 24 

to formation of Constitution 29 

Suffrage, right of defined 39 

granted the Negro. 204 

Sugar act 19 

Suits against States 202 

Summons 78 

Superintendents of poor 57 

of streets 59 

of public instruction 87 

of schools 87 

of census 172 

Supervisors of town 53 

as county board 56 

of highwaj^s 54 

Support of schools, Federal aid 85 

State 85 

local 85 

Supremacy of English government 17 

of National law...: _. 190 

Supreme Court, of States 77 

of Nation, description of 174 

jurisdiction of 179 

Surrogates' Court. 77 

Surveyor, of county 58 

general of States. . _ 70 

Tariff 124 

Taxation without representation 19 

Taxes, necessity of 81 

kinds of 81 

assessment . 83 

exemptions 82 

apportionment. 82 

collection 83 

power of Congress over 123 

National, kinds of 123 

collection of 124 

objects of 125 

uniformity of 125 

Tax on tea 19 

Tax sales 83 

Terms of office, of State legislators 60 

of Governor. 68 

of Representatives 97 

of Senators 106 

of President and Vice-President _ _ . 148 



Index. 



219 



Terms of office of Federal Judges 176 

Territorial courts 176 

Territories, organization and govern- 
ment of 185 

Indian . _ 185 

Territory of United States, original 38 

the Louisiana purchase 33 

purchase of the Floridas 34 

annexation of Texas 34 

the Oregon treaty 34 

purchase of California . . _ . 35 

purchase of the Messilla Yalley 35 

the Alaska purchase 35 

present extent 35 

Testimony of accused persons not re- 
quired 197 

Texas, annexation of 34 

Theocracy _ _ . . 11 

Theory of Divine right 8 

of force 8 

of sociability 8 

Titles of members of Congress 109 

of nobility, Congress cannot grant. . 142 

States cannot grant 145 

Tonnage duties.. 146 

Township, subdivision of county 38 

origin of 52 

importance of 52 

a corporation 52 

meeting 53 

officers. 53 

caucuses 43 

Transportation act 20 

Transmission of money by mail 171 

Treason 181 

Treasurer, of town ... 53 

of county 57 

of city 59 

of State 69 

of United States 165 

Treasury department 165 

Treaty, the Oregon 34 

States forbidden to enter into 144 

President's power concerning 158 

Trial, of a civil case 78 

of a criminal case 80 

of crimes by jury 180 

speedy and public promised 198 

by jury in civil cases secured 199 

Trustees of township 53 

of villages. 58 

of schools 88 

Tun-scipe 52 

Twice in jeopardy 197 



Ungraded schools 86 

Union, enemy to 21 

steps to 21 

first 21 

attempted 21 

United States census 99 

Universal postal union 170 

Universities, State 86 

Vacancy, in State Legislature .. 62 

in office of Governor 69 

in House of Representatives 102 

in Senate.. 107 

in Presidency 154 

Valuation of taxable property 82 

Verdict in cases at law 78 

Veto of Governor 66 

of President 121 

Vice President, how nominated 46 

term of office and election of 148 

qualifications of. 153 

salary of 154 

inauguration of 155 

Village, reasons for incorporation of 58 

how incorporated 58 

officers of 59 

Virginia and Maryland Convention 29 

Voting, how done 49 

upon bills in Congress 120 

by Presidential Electors . 150 

Voters, defined 38 

qualifications of 89 

Votes, challenging and canvassing 49 

number necessary for election 50 

War, power of declaring 184 

prohibitions upon States concerning 146 

department of_. 168 

Ward caucuses, calling of 48 

Washington, George, delegate to Congress 

22, 24 

commander-in-chief of army 24 

resigned his commission 28 

President of Constitutional Conven- 
tion 80 

President of United States 81 

Weather bureau 168 

Weights and measures 130 

White House 155 

Why nominations are made 42 

Witnesses for accused persons 198 

Writ of habeas corpus,. 74 

Writs of assistance 19 

Written constitutions 37 

Yeas and nays recorded in Congress 116 

Yellowstone Park 186 



